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Full text of "North Carolina Register v.12 no. 9 (11/3/1997)"

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NORTH CAROLINA 

REGISTER 



VOLUME 12 • ISSUE 9 • Pages 743 - 863 
November 3, 1997 



IN THIS ISSUE 

Agriculture 

Architecture, Board of 

Community Colleges 

Environment and Natural Resources 

Health and Human Services 

Insurance 

Justice 

Mortuary Science, Board of 

Opticians, Board of 

Pharmacy, Board of 

Public Education 

State Personnel 

Substance Abuse Professional Certification 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its 
components, consult with the agencies below The bolded headings are typical issues which the given agency | 
can address, but are not inclusive 



Rule Notices. Filings. Register. Deadlines. Copies of Proposed Rules, etc. 

Office of Administrative Hearings 

Rules Di\ision 

Capehart-Crocker House (919) 733-2678 

424 North Blount Street (919) 733-3462 FAX 

Raleigh, North Carolina 27601-2817 



contact: Molly Masich. Director APA Services 
Ruby Creech, Publications Coordinator 



nimasich@oah. state. nc. us 
rcreech^oah.state.nc.us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

116 West Jones Street 

Raleigh. North Carolina 27603-8005 

contact; Mark Sisak, Economist III 
Anna Tefft, Economist II 



(919)733-7061 
(919) 733-0640 FAX 

msisak@osbm. state . nc . us 
atefft@osbm. state, nc. us 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenvvood Ave.. Suite 159 
Raleigh, North Carolina 27605 

contact: Joe DeLuca Jr., Staff Director Counsel 
Bobby Bryan. Staff Attorney 



(919)733-2721 
(919) 733-9415 FAX 



Legislative Process Concerning Rule Making 

Joint Legislative Administrative Procedure CKersight Committee 

545 Legislative Office Building 

300 North Sahsbury Street (919) 733-2578 

Raleigh, North Carolina 276 11 (919) 715-5460 FAX 



contact: Mar\' Shupmg. Staff Liaison 



marys@,ms . ncga . state, nc . us 



County and Municipality Government Questions or Notification 

NC Association of County Commissioners 

215 North Dawson Street (919) 715-2893 

Raleigh, North Carolina 27603 

contact: Jim Blackburn or Rebecca Troutman 



NC League of Municipalities 
2 1 5 North Dawson Street 
Raleigh. North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 
REGISTER 




IN THIS ISSUE 



RULE-MAKING PROCEEDINGS 
Agriculture 

NC Structural Pest Control Committee 743 

Health and Human Services 

Medical Assistance 743 - 744 

Insurance 

Fire and Rescue Commission 744 

Home Inspector Licensure Board 744 

Insurance, Department of 744 - 745 

Licensing Boards 

Mortuary Science, Board of 745 

Opticians, Board of 745 

Substance Abuse Professional Certification . . . 745 - 746 



Volume 12, Issue 9 
Pages 743 - 863 



November 3, 1997 



This issue contains documents officially filed 
through October 13, 1997. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



n. PROPOSED RULES 

Community Colleges 

Community Colleges, Board of 802 - 826 

Environment and Natural Resources 

NC Radiation Protection Commission 749 - 795 

Health and Human Services 

Health and Human Services 747 - 748 

Justice 

NC Private Protective Services Board 748 - 749 

Licensing Boards 

Architecture, Board of 795-797 

Pharmacy, Board of 797-802 

in. TEMPORARY RULES 

Environment and Natural Resources 

Environment & Natural Resources 833 - 834 

Health and Human Services 

Medical Assistance 827 - 833 

Public Education 

Education, State Board of 834 - 835 

State Personnel 

State Personnel Commission 835 - 836 

rV. RULES REVIEW COMMISSION 837-843 

Proposed Rule-making 837 - 838 

V. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 844 - 850 

Text of Selected Decisions 

96 OSP 0440 851-853 

96 OSP 0633 854-862 

VI. CUMULATIVE INDEX 1-58 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg129nort 









first legislative 
day of the next 
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3 T3 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency 's proposed rule making. The agency must 
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule. 
Publication of a temporary rule serves as a Notice of Ride-making Proceedings and can be found in the Register under the 
section heading of Temporary Rules. A Rule-making Agenda published by an agency serx'es as Rule-making Proceedings and 
can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2. 



TITLE 2 - DEPARTMENT OF 
AGRICULTURE 

CHAPTER 34 - STRUCTURAL PEST 
CONTROL DIVISION 

"KTotice of Rule-making Proceedings is hereby given by the 

1 y North Carolina Structural Pest Control Committee in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Re gister the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

2 NCAC34 .0102, .0302 - .0303, .0306, .0308 - .0309. .0312 - 
.0313. .0323, .0325, .0328, .0401 - .0404, .0406, .0501 - 
.0508, .0601 - .0602. .0604 - .0605. .0701 - .0703. .0803. 
.0902. .0904. .1101. Other ndes may be proposed in the course 
of the rule-making process. 

Authority for the rule-making: G.S. 106-65.29: 106-65.37 

Statement of the Subject Matter: Definitions: Application for 
Licenses and Cards: Examination: Dates of Examination: 
Mailing of Renewal Forms: Display of Certified Applicator 's 
Identification Card; Re-Certification: Information on Certified 
Applicator's Identification Cards; Registered Technician's 
Identification Cards /Training Materials; Display of License at 
Place (s) of Business; Duty of License Holder to Control 
Activities; Records: Pesticides and Application Equipment Used; 
Public Safety: Storage and Handling of Containers; Labeling 
Pesticide Containers; First Aid; Poisoning; Spill Control; 
Wood-Destroying Insects: Excluding Subterranean Termites: 
Pesticides for Subterranean Termite Control; Subterranean 
Termite Control: Buildings After Constructed: Reporting 
Damage: Infestation: Uninspected Areas; Subterranean Termite 
Prevention/Res Bldgs Under Const; Subterranean Termite 
Prev/Conimercial Bldgs Under Const; Application Equipment: 
Wood-Decay Fungi; Agreements; Wood-Destroying Insect and 
Other Organism Reports; Wood-Destroying Organisms Records; 
Contractual Agreements for Wood-Destroying Organisms; 
Precautions; Household Pest Control; Written Records of 
Household Pest Control; Written Records of Fumigation; 
Financial Responsibility; Prohibited Acts; Rights of 
Enforcement. Other rules may be proposed in the course of the 
rule-making process. 

Reason for Proposed Action: To clarify and update 
definitions; to change examination procedures; to increase 



training requirements for re-certification; to change certain 
duties of licensees; to clarify requirements for storage and 
labeling of pesticides: to expand disclosure requirements for 
pesticide applications; to make various changes in requirements 
for wood-destroying organism treatments; to make various 
changes regarding pest control treatments and fumigation; and 
to make other changes to clarify, correct and update structural 
pest control rules. 

Comment Procedures: Written comments may be submitted no 
later than January 2, 1998, to Carl E. Falco, Secretary, North 
Carolina Structural Pest Control Committee, PO Box 27647, 
Raleigh, NC 27611. 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REEVIBURSEMENT PLANS 

A Jotice of Rule-making Proceedings is hereby given by the 
1 y DHHS - Medical Assistance in accordance with G.S. 
I50B-21.2. The agency shall subsequently publish in the 
Register the text of the rule(s) it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

10 NCAC 26H .0102. .0211 - Other rules may be proposed in 
the course of the rule-making process. 

Authority for the rule-making: G.S. 108A-25(b); I08A-54; 
I08A-55; 29 C.F.R. 1910, Subpart Z\ 42 C.F.R. 447. Subpart 
C 

Statement of the Subject Matter: 

10 NCAC 26H .0102 - Allows Division of Medical Assistance 

to calculate annual inpatient hospital inflation based on lower 

of current method or amount allowed by Medicare. 

10 NCAC 26H .0211 - Allows Division of Medical Assistance 

to calculate direct labor inflation component of the inflation 

methodology based on change in North Carolina service 

workers index, as provided by State Budget Office. In addition, 

reduces inflation calculation for fiscal year 1998 only. 

Reason for Proposed Action: Action necessary to reduce 
future growth rate in the Medicaid program as mandated by the 



12:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



743 



RULE-MAKING PROCEEDINGS 



General Assembly. 

Comment Procedures: Wriilen commenis concerning ihis rule- 
making action must be submitted to Portia Rochelle. A PA 
Coordinator. Division of Medical Assistance, 1985 Umstead 
Drive. Raleigh. NC 27603. 



TITLE U - DEPARTMENT OF INSURANCE 

CHAPTER 5 - FIRE AND RESCUE 
SERVICES DIVISION 

'\Jotice of Rule -making Proceedings is hereby given by the 
1 y North Carolina Fire and Rescue Commission in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish in 
the Register the text of the rule(s) it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: // 

NCAC5 

Authority for the rule-making: G.S. 58-87- 1 

Statement of the Subject Matter: To adopt rules under 
Chapter 5 of Title 11, Volunteer Rescue /EMS Workers' 
Compensation. 

Reason for Proposed Action: To establish rules for 
participation and payment of premiums to the Fund. 

Comment Procedures: Written comments should be sent to Tim 
Bradley, do Fire & Rescue Division, North Carolina 
Department of Insurance, 111 Seaboard Avenue. Raleigh, NC 
27604. Anyone having questions should call Tim Bradley at 
(919) 733-2142. 

******************* 

CHAPTER 8 - ENGINEERING AND 
BUILDING CODES DIVISION 

A Jotice of Rule-making Proceedings is hereby given by the 

I y North Carolina Home Inspector Licensure Board in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

II NCAC 8 . 1000 - Other rules may be proposed in the course 
of the rule-making process. 

Authority for the rule-making: G.S. 143-151 .49 

Statement of the Subject Matter: To establish continuing 



education requirements for licensed home inspectors. 

Reason for Proposed Action: To enhance the professional 
competence and professional responsibility of licensed home 

inspectors. 

Comment Procedures: Written comments should be sent to 
Grover Sawyer, Home Inspector Licensure Board, N.C. 
Department of Insurance. 410 N. Boylan Ave., Raleigh, NC 
27603. Anyone having questions should contact Grover Sawyer 
at (919) 733-3901. 

******************* 

CHAPTER 6 - AGENT SERVICES DIVISION 

CHAPTER 8 - ENGINEERING AND 
BUILDING CODES DIVISION 

CHAPTER 10 - PROPERTY AND 
CASUALTY DIVISION 

CHAPTER 11 - nNANCIAL EVALUATION 
DIVISION 

CHAPTER 12 - LIFE AND HEALTH DIVISION 

CHAPTER 13 - SPECIAL SERVICES DIVISION 

CHAPTER 14 - ADMISSION REQUIREMENTS 

CHAPTER 15 - MEDICAL DATABASE 
COMMISSION 

CHAPTER 16 - ACTUARIAL SERVICES DIVISION 

CHAPTER 17 - SENIORS' HEALTH 
INSURANCE INFORMATION PROGRAM 

CHAPTER 19 - MARKET CONDUCT DIVISION 

CHAPTER 20 - MANAGED CARE HEALTH 
BENEnT PLANS 

CHAPTER 21 - THIRD PARTY ADMINISTRATORS 



A Jotice of Rule-making Proceedings is hereby given by 
1 y North Carolina Department of Insurance in accordai 



the 
Department of Insurance in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish in 
the Re gister the te.xi of the rule(s) it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

11 NCAC 6, 8. 10-17, 19-21. 

Authority for the rule-making: G.S. 58-2-40. 58-2-70, 58-2- 



744 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



RULE-MAKING PROCEEDINGS 



171, 58-2-195. 58-2-205, 58-2-210, 58-3-71, 58-3-171. 58-7- 
16, 58-7-95, 58-7-145, 58-27-10. 58-31-10, 58-33-30, 58-33- 
130, 58-33-132, 58-40-85. 58-41-50. 58-45-75. 58-50-130. 58- 
51-15, 58-51-95, 58-54-10. 58-54-15. 58-54-20, 58-54-25. 58- 
55-30. 58-56-51. 58-57-70. 58-58-42. 58-58-50. 58-59-1. 58- 
62-46. 58-63-65, 58-64-5, 58-64-20, 58-64-45, 58-64-65. 58- 
65-40. 58-65-45. 58-65-60. 58-65-130, 58-65-160. 58-67-10. 
58-67-35, 58-67-40, 58-67-50, 58-67-105, 58-67-110. 58-67- 
135, 58-67-150. 58-69-20, 58-71-5, 58-71-71. 

Statement of the Subject Matter: Repeal Third Parry 
Administrator rules in Chapter 6B of Title 11; amend 11 NCAC 
10 .0105 dealing with manuscript policies; amend 11 NCAC 12 
.0703 to make technical correction; repeal Medical Database 
Commission rules in Chapter 15 of Title 11; and to determine 
if all other rules in Title 11 have adequate statutory authority, 
are unambiguous, and are up to date. This may entail 
amending or repealing existing rules, or adopting new rules. 

Reason for Proposed Action: To make sure all the rules in 
Title 11 have adequate statutory authority, are unambiguous 
arui are up to date. 

Comment Procedures: Written comments should be sent to 
Ellen K. Sprenkel. North Carolina Department of Insurance. 
PO Box 26387. Raleigh, NC 27611. 



Comment Procedures: Interested persons may submit written 
comments to the N. C. Board of Mortuary Science, PO Box 
27368, Raleigh, NC 27611-7368, by mail; by hand delivery to 
the Board at 801 Hillsborough Street, Raleigh, NC 27603; or 
by FAX. (919) 733-8271. 



*ififif*:lfH:1fHfilfififSfilfif 



CHAPTER 40 - BOARD OF OPTICIANS 

A Jotice of Rule-making Proceedings is hereby given by the 
1 Y North Carolina State Board of Opticians in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish in 
the Re gister the text of the rule(s) it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

21 NCAC 40 

Authority for the rule-making: G.S. 90-249 

Statement of the Subject Matter: Fees, license applications, 
election of Board members, supervision of optical places of 
business, negligence in dispensing contact lenses, disciplinary 
procedures, applicants from other states. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



CHAPTER 34 



BOARD OF MORTUARY 
SCIENCE 



^'btice of Rule-making Proceedings is hereby given by the 
North Carolina Board of Mortuary Science in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish in 
the Re gister the text of the rule(s) it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 21 

NCAC 34A, 34B. 34C. 34D - Other rules may be proposed in 
the course of the rule-making process. 



Authority for the rule-making: 

210.50(a); 90-210.69(a) 



G.S. 90-210.23(a); 90- 



Statement of the Subject Matter: Board hearings on preneed 
funeral contract violations, fees, resident traineeship. 
examinations, continuing education, delivery of cremated 
remains, preneed funeral forms, crematory equipment. 

Reason for Proposed Action: Agency will review and update 
some rules, in light of experience with them. Also. S.L. 1997- 
399 made changes, included in the Statement of Subject Matter, 
that require rules amendments. 



Reason for Proposed Action: Agency will review and update 
some rules, in light of experience with them. Also. S.L. 1997- 
424 made changes, included in the Statement of the Subject 
Matter, that require rules amendments. 

Comment Procedures: Interested persons may submit written 
comments to the N. C. State Board of Opticians, PO Box 25336, 
Raleigh, NC 27611-5336, by mail; or by hand delivery to the 
Board at 222 North Person Street, Raleigh, NC 27601. 

CHAPTER 68 - SUBSTANCE ABUSE 
PROFESSIONALS CERTIFICATION BOARD 

A Jotice of Rule-making Proceedings is hereby given by the 
1 V NC Substance Abuse Professional Certification Board in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

21 NCAC 68 

Authority for the rule-making: G.S. 90, Article 5C 

Statement of the Subject Matter: The Board intends to adopt 
temporary rules to establish the certification process for 
Clinical Addictions Specialists. Upon approval by the Codifier 



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745 



RULE-MAKING PROCEEDINGS 



of these Rules, the Board intends for these rules to become 
effective on November 15, 1997. The Board also intends to 
adopt permanent rules addressing issues of ethics, selection of 
members to the Board, certification, education, grounds for 
discipline and disciplinary procedures, and appeals process. 

Reason for Proposed Action: The rules to establish the 
certification process for Clinical Addictions Specialists are 
mandated by the passage of Senate Bill 712. The rules 
addressing ethics and selection of members to the Board are 
proposed to further refine existing rules and to clarify agency 
policy. 

Comment Procedures: Written comments should be submitted 
in writing and addressed to: Ann Christian, Rule-making 
Coordinator, PO Box 2455. Raleigh, NC 27602. 



746 NORTH CAROLINA REGISTER November 3, 1997 12:9 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice 
of Rule-making Proceedings. The agency must accept conunents on the proposed rule for at least 30 days from the publication 
date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 
days for a rule that has a substantial economic impact of at least five million dollars ($5, 000, 000) . Statutory reference: G. S. 
150B-21.2. 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 

Notice is hereby given in accordance with G.S. 1508-21. 2 
that the Department of Health and Human Senices 
intends to adopt rules cited as 10 NCAC IB .0501 - .0502. 
Notice of Rule-making Proceedings was published in the 
Register on March 3, 1997. 

Proposed Effective Date: July 1, 1998 

A Public Hearing will be conducted at 2:00p.m. to 4:00 p.m. 
on December 2, 1997 at the DHHS Controller's Office, Room 
152, 616 Oberlin Road. Raleigh. NC 27605. 

Reason for Proposed Action: General Statute 131D-4.2(h) 
requires the Department of Health and Human Services to 
adopt rules which define the annual State County Special 
Assistance rate setting methodology (inclusive of cost report 
documentation arul inflation), the development of the required 
cost report format and the development of audit procedures to 
be utilized by CPAs and Accountants in auditing the cost 
reports. 

Comment Procedures: Comments may be presented anytime 
before or at the public hearing or orally at the hearing. Time 
limits for oral remarks may be imposed by the chainnan of the 
hearing committee. Any person may request copies of these 
rules by calling or writing to Thomas P. Washburn, DHHS 
Controller's Office, 616 Oberlin Road, Raleigh, NC 27605, 
phone 919/733-0169. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER IB - PROCEDURE 

SECTION .0500 - REIMBURSEMENT 

.0501 RATE SETTING METHODS FOR FACILITIES 
THAT SERVE STATE/COUNTY SPECIAL 
ASSISTANCE RESIDENTS 

(a) A rate for facilities which serve State/County Special 
Assistance residents shall be reviewed annually, and pending 
approval of the Legislature, shall be effective for dates of 
service for a 12 month period beginning each October 1 . Rates 



are derived from submission of cost reports for the most recent 
12 month period as defined by the Department of Health and 
Human Services. The maximum rate shall be developed by 
ranking prior year p er diem cost from the lowest to the highest 
in two separate arrays, one for direct cost and one for indirect 
cost. The per diem cost at the 75% percentile will be used for 
the direct rate and the 60% percentile will be used for the 
indirect rate. The maximum rate determined by this method 
may be adjusted as necessary to comply with federal or state 
laws or policies. 

(b) The rate calculated in Paragraph (a) of this Rule shall 
include an annual adjustment to reflect increases or decreases in 
prices that are expected to occur from the cost report period on 
which the rates are developed to the year in which the rate 
applies. The price level adjustment factors shall be computed 
using aggregate base year cost in the following manner: 

(1) Cost shall be accumulated into the following groups: 

(A) labor. 

(B) fixed. 

(C) other. 

(2) The relative weight of each cost group shall be 
calculated to the second decimal point by dividing 
the total cost of each group (labor, fixed, and other) 
by the total cost. 

(3) Price adjustment factors for each cost group shall be 
established as follows: 

(A) Labor. The percentage change for labor costs 
is based on the projected average hourly wage 
of North Carolina service workers as provided 
by the North Carolina Office of State Budget 
and Management. 

(B) Fixed. No adjustment shall be made for this 
category, thus making the factor zero. 

(C) Other. The expected annual change in the 
implicit price deflator for the Gross National 
Product as provided by the OSBM. 

(D) The weights computed in Subparagraph (b)(2) 
of this Rule shall be multiplied by the 
percentage change computed in Parts 
(b)(3)(A). (B) and (C) of this Rule. 

(E) The sum computed for each category in Part 
(b)(3)(D) of this Rule shall be the price level 
adjustment factor for the coming fiscal year. 

Authority G.S. 131D-4.2(h): 1438-10. 

.0502 COST REPORTING: FOR FACILITIES THAT 
SERVE STATE/COUNTY SPECIAL 

ASSISTANCE RESIDENTS 

(a) Each facility which serves Slate/County Special 



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747 



PROPOSED RULES 



Assistance residents shall prepare and submit a report of its 
costs and other financial information. Facilities shall prepare 
and submit the cost report on the fiscal year as defined in G.S. 
131D-4.2. Facilities that fail to file their cost reports by the 
due date are subject to enforcement actions for non compliance 
as defmed in G.S. 131D-4.2. If the Department of Health and 
Human Services (DHHS) finds good cause for delay, it may 
extend the deadline for filing the report for up to an additional 
30 days. A good cause is an action that is uncontrollable by the 
provider. 

(b) The cost report shall be submitted on forms provided by 
the Office of the DHHS Controller. The Chan of Accounts 
structure is defined by the Department of Health and Human 
Services and shall be amended and modified to the extent 
necessary to meet the special reporting needs of the 
Department. The Department of Health and Human Services 
shall make a copy of the Chart of Accounts available to the 
facilities on or before the first day of the new fiscal year. 
The Department of Health and Human Services shall make the 
cost report format available to each facility on or before the last 
day of the fiscal year report period. 

Authority G.S. 131D-4.2(h); 1438- 10. 



TITLE 12 - DEPARTMENT OF JUSTICE 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the N. C. Private Protective Services Board intends to 
amend rule cited as 12 NCAC 7D .0104. Notice of Rule- 
making Proceedings was published in the Register on November 
15, 1996. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 3:00 p.m. on November 
18, 1997 at the SBl Conference Room, 3320 Old Gamer Rd., 
Raleigh, NC 27626. 



Reason for Proposed Action: 

office " is being amended. 



The definition for "branch 



Comment Procedures: Written comments concerning this 
rule-making actixity may be submitted within thirty days of this 
publication to W.A. Hoggard, PPSB, 3320 Old Gamer Road, 
Raleigh, NC 27626. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. This Rule does not 
have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 



CHAPTER 7 



PRIVATE PROTECTIVE 
SERVICES 



SUBCHAPTER 7D - PRIVATE PROTECTIVE 
SERVICES BOARD 



SECTION .0100 - ORGANIZATION 
AND GENERAL PROVISIONS 

.0104 DEFEVrriONS 

In addition to the definitions under G.S. Chapter 74C, the 
following definitions shall apply throughout this Subchapter: 

(1) "Applicant" means any person, firm or corporation 
applying to the Board for a license, trainee permit, 
registration or firearms trainer certificate. 

(2) "Armed Private Security Officer" means an 
individual employed, full time or part time, by a 
contract security company or a proprietary security 
organization: 

(a) who at any time wears, carries, or possesses a 
firearm in the performance of his duties; and 

(b) whose principal duty is that of: 

(i) an armed security guard, officer, 
patrol, or watchman; 

(ii) an armed armored car service guard; 
(iii) a private detective; or 
(iv) an armed courier service guard. 

(3) "Board" means the Private Protective Services Board 
established by G.S. Chapter 74C. 

(4) "Branch Manager or Operator" means the individual 
endowed with the responsibility and liability for a 
branch office. 

(5) "Branch Office" means a separate but dependent pan 
of a central organization engaged in the business of 
providing private protective services established for 
the purpose of extending the activities of the central 
organization. The establishment of a telephone 
number or mailing address in the company name 
constitutes prima facie evidence of a branch office. 
If an out of state person, firm, association, or 
corporation opens an office in North Carolina, the 
North Carolina office shall be deemed the principal 
place of business and shall have a resident licensed 
qualifving agent. 

(6) "Chairman" means the Chairman of the Private 
Protective Services Board. 

(7) "Contract Security Company" means any person, 
firm, association, or corporation engaging in a 
private protective services business as defined in 
G.S. 74C-3 which provides said services on a 
contractual basis for a fee or other valuable 
consideration to any other person, firm, association, 
or corporation. 

(8) "Direct Supervision" means personal, face to face 
contact and direction of the trainee's activities on a 
frequent and reasonable basis. 

(9) "Investigative Capacity" means any law enforcement 
agency position for which the duties include 
conducting investigations and interviews, completing 
reports, and testifying in courts or administrative 
hearings. 

(10) "Law Enforcement Officer" means a sworn peace 
officer who has the power of arrest, and who is an 



748 



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November 3, 1997 



12:9 



PROPOSED RULES 



employee of the United States, any state, or any 
political subdivision of a state. 

(11) "Licensee" means any person licensed to perform 
private protective services in North Carolina in 
accordance with G.S. Chapter 74C. 

(12) "Proprietary Security Organization" means any 
person, firm, association, corporation or department 
thereof: 

(a) which employs any of the following: 

(i) watchmen, 

(ii) security guards or officers, 
(iii) patrol persoimel, 
(iv) armored car personnel, or 
(v) couriers; and 

(b) which employs these persons regularly and 
exclusively as an employee in cormection with 
the business affairs of such employer. 

(13) "Qualifying Agent" means the individual licensee 
who is responsible for the private protective services 
business. 

(14) "Restored" means that an individual is no longer in 
need of psychiatric care as determined by a 
physician. 

(15) "Temporary imarmed security guard" means one who 
is hired for a period of 30 days or less within a 
calendar year and who is designated as a temporary 
security guard at the start of employment. 

(16) "Agency Head" means the Chairman of the Board. 

Authority G.S. 74C-3; 74C-5. 



TITLE ISA - E^fVIRONMENT AND 
NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the NC Radiation Protection Commission intends to 
adopt rule cited as ISA NCAC 11 .0358; , amend rules .0104. 
.0117. .0301, .0339 - .0340. .0353. .1601, .1603, .1611, 
.1620. .1647: and repeal .0401 - .0428. Notice of Rule- 
making Proceedings was published in the Register on August 
15, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 2:00 p.m. and 7:00 
p.m. on Tuesday, November 18, 1997 at the 3825 Barrett 
Drive. Room 101, Raleigh, NC 27609-7221. 

Reason for Proposed Action: The Division of Radiation 
Protection is an agreement state with the U.S. Nuclear 
Regulatory Commission. The Division's rules must be 
compatible with the U. S. Nuclear Regulatory Commission 's 
regulations. 

Comment Procedures: Written comments may be submitted to 
Richard M. Fr\; Division Director and addressed to: Division 



of Radiation Protection. 3825 Barrett Drive. Raleigh. NC 
27609-7221. Written comments will be accepted until 
December 3. 1997. 

Fiscal Note: These Rules do not affect the experuiitures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 11 - RADIATION PROTECTION 

SECTION .0100 - GENERAL PROVISIONS 

.0104 DEFINITIONS 

As used in these Rules, the following definitions shall apply. 

(1) "Absorbed dose" means the energy imparted by 
ionizing radiation per unit mass of irradiated 
material. The units of absorbed dose are the rad and 
the gray (Gy). 

(2) "Accelerator produced material" means any material 
made radioactive by use of a particle accelerator. 

(3) "Act" means North Carolina Radiation Protection 
Act as defined in G.S. 104E-1. 

(4) "Activity" is the rate of disintegration 
(transformation) or decay of radioactive material. 
The units of activity are the curie (Ci) and the 
becquerel (Bq). 

(5) "Adult" means an individual 18 or more years of 
age. 

(6) "Agency" means the North Carolina Department of 
Envi r onment, Heal t h, Environment and Natural 
Resou r ces. Resources. Division of Radiation 
Protection. 

(7) "Agreement state" means any state with which the 
United States Nuclear Regulatory Commission has 
entered into an effective agreement under Subsection 
274b. of the Atomic Energy Act of 1954, as 
amended (73 Stat. 689). 

(8) "Airborne radioactive material" means any 
radioactive material dispersed in the air in the form 
of dusts, fumes, particulates, mists, vapors, or gases. 

(9) "Airborne radioactivity area" means a room, 
enclosure, or area in which airborne radioactive 
materials, composed wholly or partly of licensed 
radioactive material, exist in concentrations: 

(a) in excess of the derived air concentrations 
(DACs) specified in Appendix B to 10 CFR 
§§20.1001 -20.2401, or 

(b) to such a degree that an individual present in 
the area without respiratory protective 
equipment could exceed, during the hours an 
individual is present in a week, an intake of 
0.6 percent of the annual limit on intake (ALl) 
or 12 DAC-hours. 

(10) "ALARA" (acronym for "as low as is reasonably 
achievable") means making every reasonable effort to 
maintain exposures to radiation as far below the dose 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



749 



PROPOSED RULES 



limits in the nales of this Chapter as is practical 
consistent with the purpose for which the licensed or 
registered activity is undertaken, taking into account 
the state of technology, the economics of 
improvements in relation to benefits to the public 
health and safety, and other societal and 
socioeconomic considerations, and in relation to 
utilization of sources of radiation in the public 
interest. 

(11) "Annual limit on intake" (ALI) means the derived 
limit for the amount of radioactive material taken 
into the body of an adult worker by inhalation or 
ingestion in a year. ALI is the smaller value of 
intake of a given radionuclide in a effective dose 
equivalent of five rems (0.05 Sv) or a committed 
dose equivalent of 50 rems (0.5 Sv) to any individual 
organ or tissue. (ALI values for intake by ingestion 
and by inhalation of selected radionuclides are given 
in Table 1, Columns 1 and 2, of Appendix B to 10 
CFR §§20.1001 -20.2401). 

(12) "Annually" means at intervals not to exceed 12 
consecutive months. 

(13) "Authorized representative" means an employee of 
the agency, or an individual outside the agency when 
the individual is specifically so designated by the 
agency under Rule .0112 of this Section. 

(14) "Authorized user" means an individual who is 
authorized by license or registration condition to use 
a source of radiation. 

(15) "Background radiation" means radiation from cosmic 
sources; naturally occurring radioactive materials, 
including radon (except as a decay product of source 
or special nuclear material); and global fallout as it 
exists in the environment from the testing of nuclear 
explosive devices. "Background radiation" does not 
include sources of radiation regulated by the agency. 

(16) "Becquerel" is the SI unit of radioactivity. One 
becquerel is equal to one disinteeration per second (s" 
■). 

(17) "Bioassay" or "radiobioassay" means the 
determination of kinds, quantities or concentrations, 
and, in some cases, the locations of radioactive 
material in the human body, whether by direct 
measurement (in vivo counting) or by analysis and 
evaluation of materials excreted or removed from the 
human body. 

(18) "B\product material" means any radioactive material, 
except special nuclear material, yielded in or made 
radioactive by exposure to the radiation incident to 
the process of producing or utilizing special nuclear 
material. 

(19) "Class", "lung class" or "inhalation class" means a 
classification scheme for inhaled material according 
to its rate of clearance from the pulmonary region of 
the lung. Materials are classified as D. W, or Y, 
which applies to a range of clearance half-times as 
follows: 



CLASSIFICATION OF INHALED MATERIAL 

Class Clearance half-time 

Class D (Day) less than 10 days 

Class W (Weeks) 10 days to 100 days 

Class Y (Years) greater than 100 days 

(20) "Collective dose" is the sum of the individual doses 
received in a given period of time by a specified 
population from exposure to a specified source of 
radiation. 

(21) "Commission" means the North Carolina Radiation 
Protection Commission. 

(22) "Committed dose equivalent" (Hj5o) means the dose 
equivalent to organs or tissues of reference (T) that 
will be received from an intake of radioactive 
material by an individual during the 50-year period 
following the intake. 

(23) "Committed effective dose equivalent" (H^jo) is the 
sum of the products of the weighting factors 
applicable to each of the body organs or tissues that 
are irradiated and the committed dose equivalent to 
these organs or tissues (H^^q =S WjHyjo). 

(24) "Constraint (dose constraint)" means a value above 
which specified licensee actions are required. 

(341 (25) "Controlled area" means an area, outside of a 
restricted area but inside the site boundary, access to 
which can be limited by the licensee or registrant for 
any reason. 

(55^126] "Curie" is the special unit of radioactivity. One curie 
is equal to 3.7 x 10'° disintegrations per second = 
3.7 X 10'° becquerels = 2.22 x 10'- disintegrations 
per minute. 

(26)127} "Declared pregnant woman" means a woman who has 
voluntarily informed her employer, in writing, of her 
pregnancy and the estimated date of conception. 

(37-) (28) "Decommission" means to remove (as a facility) 
safely from service and reduce residual radioactivity 
to a level that permits release of the property for 
unrestricted use and termination of the license. 

(28) (29) "Deep-dose equivalent" (H^), which applies to 
external whole-body exposure, is the dose equivalent 
at a tissue depth of one cm (1000 mg/cm"). 

(59) (30) "Department" means the North Carolina Department 
of Cnviromiicnt, Health, Environment and Natural 
Resources. 

(36) (31) "Depleted uranium" means the source material 
uranium in which the isotope uranium-235 is less 
than 0.711 weight percent of the total uranium 
present. Depleted uranium does not include special 
nuclear material. 

(3i) (32) "Derived air concentration" (DAC) means the 
concentration of a given radionuclide in air which, if 
breathed by the reference man for a working year of 
2,000 hours under conditions of light work 
(inhalation rate 1.2 cubic meters of air per hour), 
results in an intake of ALI. DAC values are given in 
Table 1, Column 3, of Appendix B to 10 CFR §§ 



750 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



f32)£33i 



t33)£34} 



f34)£351 



05)£36i 



t36){37J 



(38)1391 



20.1001-20.2041). (43){44) 

"Derived air concentration-hour" (DAC-hour) is the 

product of the concentration of radioactive material (44)i45) 

in air (expressed as a fraction or multiple of the 

derived air concentration for each radionuclide) and 

the time of exposure to that radionuclide, in hours. (45) (46) 

A licensee may take 2,000 DAC-hours to represent 

one ALI, equivalent to a committed effective dose (46)£47} 

equivalent of five rems (0.05 Sv). 

"Diagnostic clinical procedures manual" means a 

collection of written procedures governing the use of 

radioactive material that describes each method by (4?) (48) 

which the licensee performs diagnostic clinical 

procedures and includes other instructions and 

precautions. Each diagnostic clinical procedure 

including but not limited in content to the 

radiopharmaceutical, dosage and route of 

administration, shall be approved by an authorized 

user prior to inclusion in the manual. The radiation 

safety officer shall ensure that the manual includes 

the approved written procedure for all diagnostic 

clinical procedures performed at the facility. (48)£49) 

"Dose" (or radiation dose) is a generic term that 

means absorbed dose, dose equivalent, effective dose 

equivalent, committed dose equivalent, effective dose (49)£50J 

equivalent, or total effective dose equivalent, as 

defined in other Items of this Rule. 

"Dose equivalent" (Hj) means the product of the 

absorbed dose in tissue, quality factor, and all other 

necessary modifying factors at the location of 

interest. The units of dose equivalent are the rem 

and sievert (Sv). 

"Dose limits" (see "Limits" defined in this Rule). 

"Dosimetry processor" means an individual or an 

organization that processes and evaluates individual 

monitoring equipment in order to determine the 

radiation dose delivered to the equipment. 

"Effective dose equivalent" (H^) is the sum of the 

products of the dose equivalent to the organ or tissue 

(Hj) and the weighting factors (Wj) applicable to 

each of the body organs or tissues that are irradiated 

(He = SwtHt). 

"Embryo/fetus" means the developing human 

organism from conception until the time of birth. 

"Entrance or access point" means any location 

through which an individual could gain access to 

radiation areas or to a source of radiation. This 

includes entry or exit portals of sufficient size to 

permit human entry, irrespective of their intended (54) (55) 

use. 

"Equipment services" means the selling, installation, 

rebuilding, conversion, repair, inspection, testing, 

survey or calibration of equipment which can affect 

compliance with these Rules by a licensee or 

registrant. 

"Exposure" means being exposed to ionizing (55) (56) 

radiation or to radioactive material. f56) (57) 



(5e)£5n 



(5+)£52} 



(52)(531 
(53)154} 



"Exposure rate" means the exposure per unit of time, 

such as R/min and mR/h. 

"External dose" means that portion of the dose 

equivalent received from radiation sources outside 

the body. 

"Extremity" means hand, elbow, arm, arm below the 

elbow, foot, knee, or leg below the knee. 

"Eye dose equivalent" applies to the external 

exposure of the lens of the eye and is taken as the 

dose equivalent at a tissue depth of 0.3 centimeter 

(300 mg/cm-). 

"Generally applicable environmental radiation 

standards" means standards issued by the U.S. 

Environmental Protection Agency (EPA) under the 

authority of the Atomic Energy Act of 1954 (42 

U.S.C. 2D11 et seq;), as amended, that impose 

limits on radiation exposures or levels, or 

concentrations or quantities of radioactive material, 

in the general environment outside the boundaries of 

locations under the control of persons possessing or 

using sources of radiation. 

"Gray" (Gy) is the SI unit of absorbed dose. One 

gray is equal to an absorbed dose of one 

joule/kilogram (100 rads). 

"High radiation area" means an area, accessible to 

individuals, in which radiation levels could result in 

an individual receiving a dose equivalent in excess of 

0.1 rem (1 mSv) in one hour at 30 centimeters from 

the radiation source or from any surface that the 

radiation penetrates. 

"Hospital" means a facility that provides as its 

primary functions diagnostic services and intensive 

medical and nursing care in the treatment of acute 

stages of illness. 

"Human use" means the internal or external 

administration of radiation or radioactive materials to 

human beings. 

"Individual" means any human being. 

"Individual monitoring" means: 

(a) the assessment of dose equivalent by the use of 
devices designed to be worn by an individual; 

(b) the assessment of committed effective dose 
equivalent by bioassay (see Bioassay) or by 
determination of the time-weighted air 
concentrations to which an individual has been 
exposed, i.e., DAC-hours; or 

(c) the assessment of dose equivalent by the use of 
survey data. 

"Individual monitoring devices" or "individual 
monitoring equipment" means devices designed to be 
worn by a single individual for the assessment of 
dose equivalent such as film badges, 
thermoluminescent dosimeters (TLDs), pocket 
ionization chambers, and personal ("lapel") air 
sampling devices. 

"Inhalation class" (see "Class" defined in this Rule). 
"Inspection" means an official examination or 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



751 



PROPOSED RULES 



mam 



t59tl60 



(65)163 



f6»>(64) 
fM^(65) 



f65ti66] 
(66)1671 



observation to determine compliance with rules, 

orders, requirements and conditions of the agency or 

the Commission. 

"Internal dose" means that portion of the dose 

equivalent received from radioactive material taken 

into the body . 

"License", except where otherwise specified, means 

a license issued pursuant to Section .0300 of this 

Chapter. 

"Licensee" means any person who is licensed by the 

agency pursuant to Section .0300 of this Chapter. 

"Licensing state" means any state designated as such 

by the Conference of Radiation Control Program 

Directors, Inc. Unless the context clearly indicates 

otherwise, use of the term Agreement State in this 

Chapter shall be deemed to include licensing state 

with respect to naturally occurring and accelerator 

produced radioactive material (NARM). 

"Limits" or "dose limits" means the permissible 

upper bounds of radiation doses. 

"Lost or missing licensed radioactive material" means 

licensed radioactive material whose location is 

unknown. It includes material that has been shipped 

but has not reached its destination and whose location 

cannot be readily traced in the transportation system. 

"Lung class" (see "Class" as defined in this Rule). 

"Member of the public" means an any individual in 

a con tr olled or — un r est r icted — area: — howeve r . — an 

individual is not a membe r of th e public du r ing any 

period in which the except when that individual is 

r e c e ives receiving an occupational dose. 

"Minor" means an individual less than 18 years of 

age. 

"Misadministration" means the administration of the 

following: 

(a) a diagnostic radiopharmaceutical dosage: 

(i) involving a dose to the patient that 
exceeds 5 rems effective dose 
equivalent or 50 rems dose equivalent 
to any individual organ: and 
(A) the wrong patient; 

the wrong radiopharmaceutical; 



(B) 
(C) 



the wrong route 
administration; or 

(D) an administered dosage 
differs significantly from 
prescribed dosage; or 
(ii) for sodium iodide 1-125 or I- 

involving: 



of 

that 
the 

131 



(A) the wrong patient or wrong 
radiopharmaceutical; or 

(B) an administered dosage that 
differs from the prescribed 
dosage by more than 20 percent 
of the prescribed dosage and the 
difference between the 
administered dosage and 



prescribed dosage exceeds 30 
microcuries; 

(b) a therapeutic radiopharmaceutical dosage: 

(i) involving: 

(A) the wrong patient; 

(B) wrong radiopharmaceutical; 

(C) wrong route of administration; 
or 

(D) when the administered dosage 
differs from the prescribed 
dosage by more than 20 percent 
of the prescribed dosage; or 

(ii) when the administered dosage of 
sodium iodide 1-125 or 1-131 differs 
from the prescribed dosage by more 
than 20 percent of the prescribed 
dosage; 

(c) a teletherapy or accelerator radiation dose: 

(i) involving: 

(A) the wrong patient; 

(B) the wrong mode of treatment; or 

(C) wrong treatment site; 

(ii) when the treatment consists of three or 
fewer fractions and the calculated total 
administered dose differs from the total 
prescribed dose by more than 10 
percent of the total prescribed dose; 

(iii) when the calculated weekly 
administered dose is 30 percent greater 
than the weekly prescribed dose; or 

(iv) when the calculated total administered 
dose differs from the total prescribed 
dose by more than 20 percent of the 
total prescribed dose; 

(d) a brachytherapy radiation dose: 

(i) involving: 

(A) the wrong patient; 

(B) the wrong radioisotope; or 

(C) the wrong treatment site. This 
excludes, for permanent 
implants, seeds that were 
implanted in the correct site but 
migrated outside the treatment 
site; 

(ii) involving a sealed source that is 
leaking; 

(iii) when, for a temporary implant, one or 
more sealed sources are not removed 
upon completion of the procedure; or 

(iv) when the calculated administered dose 
differs from the prescribed dose by 
more than 20 percent of the prescribed 
dose; or 

(e) a gamma stereotactic radiosurgery radiation 
dose: 

(i) involving the wrong patient or wrong 
treatment site; or 



752 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



PROPOSED RULES 



(ii) when the calculated total administered 
dose differs from the total prescribed 
dose by more than 10 percent of the 
total prescribed dose. 

(6^(68} "Mobile nuclear medicine service" means the 
transportation and medical use of radioactive 
material. 

(68)£69i "Monitoring", "radiation monitoring" or "radiation 
protection monitoring" means the measurement of 
radiation levels, concentrations, surface area 
concentrations or quantities of radioactive material 
and the use of the results of these measurements to 
evaluate potential exposures and doses. 

t69){70i "Natural radioactivity" means radioactivity of 
naturally occurring nuclides. 

f?0> ( 7 1 ) "Nonstochastic effect" means health effects, the 
severity of which varies with the dose and for which 
a threshold is believed to exist. Radiation-induced 
cataract formation is an example of a nonstochastic 
effect (also called a deterministic effect). 

f?- B(72) "NRC" means the United States Nuclear Regulatory 
Commission or its duly authorized representatives. 

(?2)£73} "Occupational dose" means the dose received by an 
individual in a r estricted area or in the course of 
employment in which the individual's assigned duties 
involve exposure to radiation or licensed radioactive 
mate r ial, material from licensed and unlicensed 
sources of radiation, whether in the possession of the 
licensee or registrant or other person. Occupational 
dose does not include dose received from background 
radiation, as a patient from medical practices, from 
exposure to individuals administered radioactive 
material and released in accordance with Rule .0358 
of this Chapter, from voluntary participation in 
medical research programs, or as a member of the 
general public. 

t?9)£74i "Particle accelerator" means any machine capable of 
accelerating electrons, protons, deuterons, or other 
charged particles. 

t?4)£75} "Person" means any individual, corporation, 
partnership, firm, association, trust, estate, public or 
private institution, group, agency, political 
subdivision of this state, any other state or political 
subdivision or agency thereof, and any legal 
successor, representative, agent or agency of these 
entities. 

f?5^ (76) "Persoimel monitoring equipment" means devices, 
such as film badges, pocket dosimeters, and 
thermoluminescent dosimeters, designed to be worn 
or carried by an individual for the purpose of 
estimating the dose received by the individual. 

ff€) ni) "Pharmacist" means an individual licensed by this 
state to compound and dispense drugs, prescriptions 
and poisons. 

ff^ nS) "Physician" means an individual currently licensed to 
practice medicine in this state. 

f?8)(79i "Plarmed special exposure" means an infrequent 






tmmi 



imi321 



tmiMi 



(85)186) 



t86)£871 






exposure to radiation, separate from and in addition 

to the annual dose limits. 

"Prescribed dosage" means the quantity of 

radiopharmaceutical activity documented in a written 

directive by an authorized user. 

"Prescribed dose" means: 

(a) for teletherapy or accelerator radiation: 

(i) the total dose; and 
(ii) the dose per fraction as documented in 
the written directive; 

(b) for brachy therapy: 

(i) the total source strength and exposure 

time; or 
(ii) the total dose, as documented in the 

written directive; or 

(c) for gamma stereotactic radiosurgery, the total 
dose as documented in the written directive. 

"Public dose" means the dose received by a member 
of the public from exposure to radiation and t o or 
radioactive material released by a licensee or 
registrant, or to another source of radiation eithe r 
within a licensee's or registrant's cont r olled area or 
in unres t ricted areas, control. It does not include 
occupational dose or doses received from background 
radiation, as a patient from medical practices, from 
exposure to individuals administered radioactive 
material and released in accordance with Rule .0358 
of this Chapter, or from voluntary participation in 
medical research programs. 

"Quality factor" (Q) means the modifying factor that 
is used to derive dose equivalent from absorbed dose. 
Quality factors are provided in the definition of rem 
in this Rule. 

"Quarter" means a period of time equal to one-fourth 
of the year observed by the licensee or registrant 
(approximately 13 consecutive weeks), providing that 
the beginning of the first quarter in a year coincides 
with the starting date of the year and that no day is 
omitted or duplicated in consecutive quarters. 
"Rad" is the special unit of absorbed dose. One rad 
is equal to an absorbed dose of 100 ergs/gram or 
0.01 joule/kilogram (0.01 gray). 
"Radiation" (ionizing radiation), except as otherwise 
defmed in Section .1400 of this Chapter, means alpha 
particles, beta particles, gamma rays, x-rays, 
neutrons, high-speed electrons, high-speed protons, 
and other particles capable of producing ions. 
"Radiation area" means an area, accessible to 
individuals, in which radiation levels could result in 
an individual receiving a dose equivalent in excess of 
0.005 rem (0.05 mSv) in one hour at 30 centimeters 
from the radiation source or from any surface that the 
radiation penetrates. 
"Radiation dose" means dose. 
"Radiation machine" means any device capable of 
producing radiation except devices which produce 
radiation only from radioactive material. 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



753 



PROPOSED RULES 



(89)190} 






(92)193 



(93)1941 



(94)195 
(95)1% 



"Radiation safety officer" means one who has the 

knowledge and responsibility to apply appropriate 

radiation protection rules. 

"Radioactive material" means any material, solid, 

liquid, or gas, which emits radiation spontaneously. 

"Radioactive waste disposal facility" means any 

low-level radioactive waste disposal facility, as 

defined in G.S. 104E-5(9c), established for the 

purpose of receiving low-level radioactive waste, as 

defined in Rule .1202 of this Chapter, generated by 

another licensee for the purpose of disposal. 

"Radioactive waste processing facility" means any 

low-level radioactive waste facility, as defined in 

G.S. 104E-5(9b), established for the purpose of 

receiving waste, as defmed in this Rule, generated by 

another licensee to be stored, compacted, incinerated 

or treated. (96)197} 

"Radioactivity" means the disintegration of unstable 

atomic nuclei by emission of radiation. 

"Radiobioassay" means bioassay. 

"Recordable event" means the administration of the 

following: 

(a) a radiopharmaceutical or radiation from a 
licensed source without a written directive 

where a written directive is required by Sub- (9?) (98) 
items («6) 1137)(a)(i) and («6) (137) (bHf) 
of this Rule; 

(b) a radiopharmaceutical or radiation from a (98)199} 
licensed source where a written directive is 
required by Sub-items (H6) (137) (a)(i) and (99)000} 
t«6) li37}(b)-(f) of this Rule without 
recording each administered 
radiopharmaceutical dosage or radiation dose<-t6&) (101) 
in the appropriate record on a daily basis; 

(c) a radiopharmaceutical dosage of greater than 
30 microcuries of sodium iodide 1-125 and I- 
131 when: 

(i) the administered dosage differs from 
the prescribed dosage by more than 10 
percent of the prescribed dosage; and 



(ii) the difference between the administered 
dosage and prescribed dose exceeds 15 
microcuries; 

(d) a therapeutic dosage of any 
radiopharmaceutical dosage other than sodium 
iodide 1-125 or 1-131 when the administered 
dosage differs from the prescribed dosage by 
more than 10 percent of the prescribed dosage; 

(e) a teletherapy or accelerator radiation dose 
when the calculated weekly administered dose 
is 15 percent greater than the weekly 
prescribed dose; or 

(f) a brachytherapy radiation dose when the 
calculated administered dose differs from the 
prescribed dose by more than 10 percent of the 
prescribed dose. 

"Reference man" means a hypothetical aggregation of 

human physical and physiological characteristics 

arrived at by international consensus as published by 

the International Commission on Radiological 

Protection. These characteristics may be used by 

researchers and public health workers to standardize 

results of experiments and to relate biological insult 

to a common base. 

"Registrant" means any person who is registered with 

the agency as required by provisions of these Rules 

or the Act. 

"Registration" means registration with the agency in 

accordance with these Rules. 

"Regulations of the U.S. Department of 

Transportation" means the regulations in 49 CFR 

Parts 100-189. 

"Rem" is the special unit of any of the quantities 

expressed as dose equivalent. The dose equivalent in 

rems is equal to the absorbed dose in rads multiplied 

by the quality factor (1 rem = 0.01 sievert). As 

used in this Chapter, the quality factors for 

converting absorbed dose to dose equivalent are as 

follows: 



QUALITY FACTORS AND ABSORBED DOSE EQUIVALENCIES 



TYPE OF RADIATION 



Quality Factor 



Absorbed 
Dose Equal 
to a Unit 
Dose Equivalent' 



X-, gamma, or beta radiation 

Alpha particles, multiple-charged 
particles, fission fragments 
and heavy panicles of unknown 
charge 

Neutrons of unknown energy 

High-energy protons 



20 
10 
10 



1 



0.05 

0.1 

0.1 



'Absorbed dose in rad equal to one rem or the absorbed dose in gray equal to one sievert. 



754 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



If it is more convenient to measure the neutron fluence rate than to determine the neutron dose equivalent rate in rems per hour or 
sieverts per hour, one rem (0.01 Sv) of neutron radiation of unknown energies may, for purposes of the rules of this Chapter, be 
assumed to result from a total fluence of 25 million neutrons per square centimeter incident upon the body. 
If sufficient information exists to estimate the approximate energy distribution of the neutrons, the licensee or registrant may use 
the fluence rate per unit dose equivalent or the appropriate Q value from the following table to convert a measured tissue dose in 
rads to dose equivalent in rems: 

MEAN QUALITY FACTORS. 0. AND FLUENCE PER UNIT DOSE 
EOUIVALENT FOR MONOENERGETIC NEUTRONS 



(thermal) 



Neutron 
Energy 

(MeV) 

2.5 X 10' 

1 X 10' 

1 X 10-* 

1 X 10' 

1 X 10-^ 

1 X 10-^ 

1 X 10- 

1 X 10' 

5 X 10' 

1 

2.5 

5 

7 

10 

14 

20 

40 

60 

1 X 10= 

2x 10= 

3x 10^ 

4x 10= 



Quality 
Factor^ 
£0} 

2 

2 

2 

2 

2 

2 

2.5 

7.5 
11 
11 

9 

8 

7 

6.5 

7.5 

8 

7 

5.5 

4 

3.5 

3.5 

3.5 



Fluence per 


Unit 


Dose Equivalent'' 


(neutrons cm " 


rem') 


980 


X 10' 




980 


X 10' 




810 


X 10' 




810 


X 10' 




840 


xlO' 




980 


xlO' 




1010 


X 10' 




170 


X 10' 




39 X 


10' 




27 X 


10' 




29 X 


10' 




23 X 


10' 




24 X 


10' 




24 X 


10' 




17 X 


10' 




16 X 


10' 




14 X 


10' 




16 X 


10' 




20 X 


10' 




19 X 


10' 




16 X 


10' 




14 X 


10' 





^ Value of quality factor (Q) at the point where the dose equivalent is maximum in a 30-cm diameter cylinder tissue-equivalent 
phantom. 

'' Monoenergetic neutrons incident normally on a 30-cm diameter cylinder tissue-equivalent phantom. 



tW> (102) "Research and development" means: 



tW3)a041 



:ea^ (103) 



exploration, or 



(a) theoretical analysis 
experimentation; or 

(b) the extension of investigative findings and 
theories of a scientific or technical nature into 
practical application for experimental and 
demonstration purposes, including 
experimental production and testing 
models, devices, equipment, materials, 
processes. 

Research and development does not include 

internal or external administration of radiation or (105) (106) 

radioactive material to human beings. 

"Respiratory protective device" means an apparatus, 

such as a respirator, used to reduce the individual's 

intake of airborne radioactive materials. (106) n07> 



the 
of 
and<464^ (105) 

the 



"Restricted area" means an area, access to which is 
controlled by the licensee or registrant for purposes 
of protecting individuals against undue risks from 
exposure to radiation and radioactive materials. 
Restricted area does not include areas used as 
residential quarters, but separate rooms in a 
residential building may be set apart as a restricted 
area. 

"Roentgen" (R) means the special unit of exposure. 
One roentgen equals 2.58 x 10"* coulombs/kilogram 
of air. 

"Sanitary sewerage" means a system of public sewers 
for carrying off waste water and refuse, but 
excluding sewage treatment facilities, septic tanks, 
and leach fields owned or operated by the licensee. 
"Sealed source" means radioactive material that is 



12:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



755 



PROPOSED RULES 



permanently bonded, fixed or encapsulated so as to 
prevent release and dispersal of the radioactive 
material under the most severe conditions which are 
likely to be encountered in normal use and handling. 

n07 K 108) "Shallow-dose equivalent" (H,), which applies to the 
external exposure of the skin or an extremity, is 
taken as the dose equivalent at a tissue depth of 0.007 
centimeter (7 mg/cm') averaged over an area of one 
square centimeter. 

(108) (109) "SI unit" means a unit of measure from the 
International System of Units as established by the 
General Conference of Weights and Measures. (114) (1 15) 

n0 9 ) (110) "Sievert" is the SI unit of any of the quantities 
e.xpressed as dose equivalent. The dose equivalent in 
sieverts is equal to the absorbed dose in grays 
multiplied by the quality factor (1 Sv = 100 rems). 

(llO' X lll) "Site boundary" means that line beyond which the 
land or property is not owned, leased, or otherwise 
controlled by the licensee or registrant. 

nin (112) "Source material" means: 

(a) uranium or thorium or any combination of 
uranium and thorium in any physical or 
chemical form; or 

(b) ores which contain, by weight, 0.05 percent (-H5^ ( 1 16) 
or more of uranium, thorium, or any 
combination thereof. Source material does not 

include special nuclear material. 
ni2) (T13) "Source of radiation" means any radioactive material, 

or any device or equipment emitting or capable of 

producing radiation. 
(113) (114) "Special form radioactive material" means radioactive 

material which satisfies the following conditions: 

(a) It is either a single solid piece or is contained 
in a sealed capsule that can be opened only by 
destroying the capsule; 

(b) The piece or capsule has at least one 
dimension not less than five millimeters 
(0.197 inch): and 

(c) It satisfies the test requirements specified by 
the U.S. Nuclear Regulatory Commission, 
Subpart F of 10 CFR Pan 71, and the tests 



prescribed in Rule .01 14 of this Section. A 
special form encapsulation designed in 
accordance with the U.S. Nuclear Regulatory 
Commission requirements. Subpart F of 10 
CFR Part 71 , in effect on June 30, 1984, and 
constructed prior to July 1, 1985, may 
continue to be used. A special form 
encapsulation either designed or constructed 
after June 30, 1985, must meet requirements 
of this definition applicable at the time of its 
design or construction. 
"Special nuclear material" means: 

(a) Plutonium, uranium-233, uranium enriched in 
the isotope 233 or in the isotope 235, and any 
other material that the United States Nuclear 
Regulatory Commission, pursuant to the 
provisions of Section 5 1 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2D11 et seq;), 
determines to be special nuclear material, but 
does not include source material; or 

(b) any material artificially enriched by any of the 
foregoing but does not include source 
material. 

"Special nuclear material in quantities not sufficient 
to form a critical mass" means uranium enriched in 
the isotope uranium-235 in quantities not exceeding 
350 grams of contained uranium-235; uranium-233 
in quantities not exceeding 200 grams; plutonium in 
quantities not exceeding 200 grams; or any 
combination of uranium-235, uranium enriched in 
uranium-235 and plutonium in accordance with the 
following formula: For each kind of special nuclear 
material, determine the ratio between the quantity of 
that special nuclear material and the quantity 
specified in this Rule for the same kind of special 
nuclear material. The sum of these ratios for all the 
kinds of special nuclear material in combination shall 
not exceed unity. For example, the following 
quantities in combination would not exceed the 
limitations and are within the formula, as follows: 



175 (gram contained U-235) -I- 50 (grams U-233) -I- 50 (grams Pu) is < or= 1 
350 200 200 



(1 16) ( 117) "State" means the State of North Carolina. 

(1 17) ( 1 18) "Stochastic effects" means health effects that occur 
randomly and for which the probability of the effect 
occurring, rather than its severity, is assumed to be (11 9 ) (120) 
a linear function of dose without threshold . H-2^ ( 121) 
Hereditary effects and cancer incidence are examples 
of stochastic effects. 

(1 18 ) (1 19) "Survey" means an evaluation of the radiological 

conditions and potential hazards incident to the (121) (122) 
production, use, transfer, release, disposal, or 
presence of sources of radiation. When appropriate, 
such an evaluation includes a physical survey of the 



location of sources of radiation and measurements or 
calculations of levels of radiation, or concentrations 
or quantities of radioactive material present. 
"These Rules" means Chapter 11 of this Title. 
"Total effective dose equivalent" (TEDE) means the 
sum of the deep-dose equivalent (for external 
exposures) and the committed effective dose 
equivalent (for interna! exposures). 
"Toxic or hazardous constituent of the waste" means 
the nonradioactive content of waste which, 
notwithstanding the radioactive content, would be 
classified as "hazardous waste" as defined in 15A 



756 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



PROPOSED RULES 



usiiim 



t29)£i24i 



NCAC 13A .0002(3). .0102(a). Whole body 

"Type A quantity" means a quantity of radioactive 

material, the aggregate radioactivity of which does 

not exceed A, for special form radioactive material or 

A, for normal form radioactive material, where A , 

and A, are given in Rule .01 13 of this Section or may 

be determined by procedures described in Rule .0113 

of this Section. All quantities of radioactive material 

greater than a Type A quantity are Type B. 

"Unrefined and unprocessed ore" means ore in its 

natural form prior to any processing, such as 

grinding, roasting, beneficiating, or refining. (132) (133) 

"Unrestricted area" means an area, access to which is 

neither limited nor controlled by the licensee or 

registrant. fi3»> (134) 

"Very high radiation area" means an area, accessible 

to individuals, in which radiation levels could result 

in an individual receiving an absorbed dose in excess 

of 500 rads (5 grays) in one hour at one meter from(-B4)£135} 

a radiation source or from any surface that the 

radiation penetrates. At very high doses received at 

high dose rates, units of absorbed dose (e.g., rads 

and grays) are appropriate, rather than units of dose 

equivalent (e.g., rems and sieverts). 

"Waste" means low-level radioactive waste as defined 

in G.S. 104E-5(9a) and includes licensed naturally tie5)£136} 

occurring and accelerator produced radioactive 

material which is not subject to regulation by the (136) (137) 

U.S. Nuclear Regulatory Commission under the 

Atomic Energy Act of 1954, as amended, except as 

defined differently in Rule . 1202 of this Chapter. 

"Waste, Class A" is defined in Rule .1650 of this 

Chapter. 

"Waste, Class B" is defined in Rule .1650 of this 

Chapter. 

"Waste, Class C" is defined in Rule .1650 of this 

Chapter. 

"Week" means seven consecutive days starting on 

Sunday. 

"Weighting factor", w^, for an organ or tissue (T) is 

the proportion of the risk of stochastic effects 

resulting from irradiation of that organ or tissue to 

the total risk of stochastic effects when the whole 

body is irradiated uniformly. For calculating the 

effective dose equivalent, the values of Wj are: 



1.00" 



" 0.30 results from 0.06 for each of 5 "remainder" 
organs (excluding the skin and the lens of the eye) that 
receive the highest doses. 

'' For the purpose of weighting the external whole body 
dose (for adding it to the internal dose), a single 
weighting factor, Wy = 1.0, has been specified. The use 
of other weighting factors for external exposure will be 
approved on a case-by-case basis until such time as 
specific guidance is issued. 

"Whole body" means, for purposes of external 
exposure, head, trunk (including male gonads), arms 
above the elbow, or legs above the knee. 
"Worker" means an individual engaged in work 
under a license or registration issued by the agency 
and controlled by a licensee or registrant, but does 
not include the licensee or registrant. 
"Working level" (WL) is any combination of short- 
lived radon daughters (for radon-222: polonium-218, 
lead-214, bismuth-214, and polonium-214; and for 
radon-220: polonium-216, lead-212, bismuth-212, 
and polonium-212) in one liter of air that will result 
in the ultimate emission of 1.3 x 10^ MeV of 
potential alpha particle energy. 
"Working level month" (WLM) means an exposure 
to one working level for 170 hours. 
"Written directive" means an order in writing for a 
specific patient, dated and signed by an authorized 
user prior to the administration of a 
radiopharmaceutical or radiation from a licensed 
source, except as specified in Sub-item (e) of this 
definition, containing the following information: 



ORGAN DOSE WEIGHTING FACTORS 



Organ or Tissue 

Gonads 

Breast 

Red bone marrow 

Lung 

Thyroid 

Bone surfaces 

Remainder 



Wj 

0.25 
0.15 
0.12 
0.12 
0.03 
0.03 
0.30' 



(a) for the diagnostic 

radiopharmaceutical: 

(i) 



administration of a 



if greater than 30 microcuries of 
sodium iodide 1-125 or 1-131, the 
dosage to be administered in accordance 
with the diagnostic clinical procedures 
manual; or 
(ii) if not subject to Sub-item (a)(i) of this 
Item, the type of study to be performed 
in accordance with the diagnostic 
clinical procedures manual; 

(b) for the therapeutic administration of a 
radiopharmaceutical : 

(i) radiopharmaceutical; 
(ii) dosage; and 
(iii) route of administration; 

(c) for teletherapy or accelerator radiation 
therapy: 

(i) total dose; 

(ii) dose per fraction; 
(iii) treatment site; and 
(iv) overall treatment period; 
for high-dose-rate remote 
brachy therapy: 



(d) 



afterloading 



12:9 



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757 



PROPOSED RULES 



(i) radioisotope; 
(ii) treatment site; and 
(iii) total dose; 

(e) for all other brachy therapy: 

(i) prior to implantation: 

(A) radioisotope; 

(B) number of sources to be 
implanted; and 

(C) source strengths in millicuries; 
and 

(ii) after implantation but prior to 
completion of the procedure: 

(A) radioisotope; 

(B) treatment site; and 

(C) either: 

(I) total source strength and 

exposure time; or 
(II) total dose; 

(f) for gamma stereotactic radiosurgery: 

(i) target coordinates; 
(ii) collimator size; 
(iii) plug pattern; and 
(iv) total dose. 
(137 X 138) "Year" means the period of time beginning in 
January used to determine compliance with the 
provisions of Section .1600 of this Chapter. The 
licensee or registrant may change the starting date of 
the year used to determine compliance by the licensee 
or registrant provided that the change is made at the 
beginning of the year and that no day is omitted or 
duplicated in consecutive years. 

Authority G. S. 1 04E- 7(a) (2) . 

.0117 INCORPORATION BY REFERENCE 

(a) For the purpose of the rules in this Chapter, the 
following rules, standards and other requirements are hereby 
incorporated by reference including any subsequent 
amendments and editions: 

(1) Appendix A, Appendix B and Appendix C to 10 
CFR Parts 20. 1001 -20.2401; 

(2) 10 CFR Part 31. 10 CFR Part 32, 10 CFR Part 36. 
10 CFR Part 40 and 10 CFR Part 50; 

(3) 10 CFR Part 61, 10 CFR Part 70, 10 CFR Part 71, 
10 CFR Part 73, 10 CFR Part 1 10, 10 CFR Part 140 
and 10 CFR Pan 150; 

(4) 21 CFR Part 1010, 21 CFR Part 1020 and 21 CFR 
Part 1040; 

(5) 39 CFR Part 14 and 39 CFR Part 15; 

(6) Postal Service Manual (Domestic Mail Manual) 
Section 124.3 [incorporated by reference in 39 CFR 
Section 111.11]; 

(7) 40 CFR Part 261; 

(8) 49 CFR Parts 100-189; 

(9) "Agreement Between the United States Atomic 
Energy Commission and the State of North Carolina 
for Discontinuance of Certain Commission 



Regulatory Authority and Responsibility within the 
State Pursuant to Section 274 of the Atomic Energy 
Act of 1954, as Amended", signed July 21, 1964; 

(10) "Standards and Specifications for Geodetic Control 
Networks (September 1984); 

(11) "Geometric Geodetic Survey Accuracy Standards and 
Specifications for Geodetic Surveys Using GPS 
Relative Positioning Techniques"; 

(12) "Reference Man: Anatomical, Physiological and 
Metabolic Characteristics" (ICRP Publication No. 
23) of the International Commission on Radiological 
Protection; 

(13) "10 CFR, Chapter 1, Commission Notices, Policy 
Statements, Agreement States, 46 FR 7540"; and 

(14) American National Standard N43. 9-1991 
"Radiological Safety for the Design and Construction 
of Apparatus for Gamma Radiography". 

(b) The rules, standards and other requirements incorporated 
by reference in Paragraph (a) of this Rule are available for 
inspection at the Department of Environm e nt, — Heal t h, 
Environment and Natural Resources, Division of Radiation 
Protection at the address listed in Rule .0111 of this Section. 
Except as noted in the Subparagraphs of this Paragraph, copies 
of the rules, standards and other requirements incorporated by 
reference in Paragraph (a) of this Rule may be obtained from 
the Superintendent of Documents, U.S. Government Printing 
Office, Washington, D.C. 20402 at a cost as follows: 

(1) Three dollars ($3.00) for the appendixes listed in 
Subparagraph (a)(1) of this Rule, available from the 
Division of Radiation Protection; 

(2) Twenty-five dollars ($25.00) for the regulations 
listed in Subparagraph (a)(2) of this Rule in a volume 
containing 10 CFR Parts 0-50; 

(3) Eighteen dollars ($18.00) for the regulations listed in 
Subparagraph (a)(3) of this Rule in a volume 
containing 10 CFR Parts 51-199; 

(4) Eighteen dollars ($18.00) for the regulations listed in 
Subparagraph (a)(4) of this Rule in a volume 
containing 21 CFR Parts 800-1299; 

(5) Sixteen dollars ($16.00) for the regulations listed in 
Subparagraph (a)(5) of this Rule in a volume 
containing 39 CFR; 

(6) Thirty-six dollars ($36.00) for the manual listed in 
Subparagraph (a)(6) of this Rule; 

(7) Thirty -one dollars ($3 1 .00) for the regulations listed 
in Subparagraph (a)(7) of this Rule in a volume 
containing 40 CFR Parts 260-299; 

(8) for the regulations listed in Subparagraph (a)(8) of 
this Rule: 

(A) Twenty-three dollars ($23.00) for a volume 
containing 49 CFR Pans 100-177; and 

(B) Seventeen dollars ($17.00) for a volume 
containing 49 CFR Parts 178-199. 

(9) One dollar ($1.00) for the agreement in 
Subparagraph (a)(9) of this Rule, available from the 
Division of Radiation Protection; 

(10) Two dollars and eighty-five cents ($2.85) for the 



758 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



standards and specifications in Subparagraph (a)(10) 
of this Rule, available from the National Geodetic 
Information Center, N/CG174, Rockwall Building, 
Room 24, National Geodetic Survey, NOAA, 
Rockville, MD 20852; 

(11) Two dollars and eighty-five cents ($2.85) for the 
standards and specifications in Subparagraph (a)( 1 1 ) 
of this Rule, available from the National Geodetic 
Information Center, NCG174, Rockwall Building, 
Room 24, National Geodetic Survey, NOAA, 
Rockville, MD 20852; 

(12) One hundred and five dollars ($105.00) for the ICRP 
Publication No. 23 in Subparagraph (a)(12) of this 
Rule, available from Pergamon Press, Inc., Maxwell 
House, Fairview Park, Elmsford, NY 10523; 

(13) Two dollars ($2.00) for the document in 
Subparagraph (a)(I3) of this Rule, available from the 
Division of Radiation Protection; and 

(14) Thirty -eight dollars plus five dollars shipping and 
handling ($43.00) for the American National 
Standard N43. 9-1991 in Subparagraph (a)(14) of this 
Rule, available from the American National 
Standards Institute, Inc., 1430 Broadway, New 
York, New York 10018, telephone number (212) 
642-4900. 

(c) Nothing in this incorporation by reference of 10 CFR 
Part 61 in Subparagraph (a)(3) of this Rule shall limit or affect 
the continued applicability of G.S. 104E-25(a) and (b). 

Authority G.S. 104E-7; 104E-15(a); 150B-21.6. 

SECTION .0300 - LICENSING OF RADIOACTIVE 
MATERIAL 

.0301 PURPOSE AND SCOPE 

(a) This Section provides for the licensing of radioactive 
material. No person shall receive, possess, use, transfer, own 
or acquire radioactive material except as authorized in a specific 
or general license issued pursuant to, or as otherwise provided 
in, this Section. 

(b) In addition to the requirements of this Section, 

(1) All licensees are subject to the requirements of 
Sections .1000 and .1600 of this Chapter, except as 
otherwise provided in the rules of this Section; 

(2) Licensees engaged in industrial radiographic 
operations are subject to the requirements of Section 
.0500 of this Chapter; 

(3) Licensees using sealed sources in the healing arts are 
subject to the requirements of Section .0700 of this 
Chapter; 

(4) Licensees engaged in the operation of radioactive 
waste disposal facilities are subject to the 
requirements of Section .1200 of this Chapter; and 

(5) Licensees engaged in well-logging operations are 
subject to the requirements of Section .1300 of this 
Cha p te r . Chapter; and 

(6) Licensees engaged in the operation of panoramic and 



underwater irradiators are subject to the requirements 
of Section .0100 of this Chapter. 

(c) In addition to the requirements of this Section, all 
licensees are subject to the annual fee provisions contained in 
Section . 1 100 of this Chapter. 

(d) The rules in this Section do not apply to persons licensed 
pursuant to the rules in Section .1200 of this Chapter except as 
specifically provided otherwise in Section . 1200. 

Authority G.S. 104E-7; 104E-9(8); 104E-10(b); 104E-19. 



.0339 EXPIRATION AND TERMINATION 

OF LICENSES & DECOMMISSIONING 



each 



(a) Except as p r ovided in Rul e .0340(b) of t his Section, 
s p ecific license shall ex p ire at the end of th e day, in the month 
and year sta t ed in the license. Each specific license expires at 
the end of the day on the expiration date stated in the license 
unless the licensee has filed an application for renewal . as 
required in Rule .0340 of this Section, not less than 30 days 
before the expiration date stated in the existing license. Ifan 
application for renewal has been filed at least 30 days prior to 
the expiration date stated in the existing license, the existing 
license expires at the end of the day on which the agency makes 
a fmal determination to deny the renewal application or. if the 
determination states an expiration date, the expiration date 
stated in the determination. 

(b) Each licensee shall notify t he agency p romptly, in 
w r iting, and r equ e st t e rmination of t he license wh e n th e 
licensee decides to ttnnina t e all ac t ivities involving mate r ials 
authoriz e d und e r th e lic e ns e . This notification and request for 
termina t ion of the license must include t he r e p o rt s and 
informa t ion s p ecified in Sub p arag r a p hs (c) (4) and (5) of t his 
Rul e and a p lan fo r com p letion of decommissioning if r equired 
by Pa r ag r a p h (d) of this Rule o r by a license condition. Each 
specific license revoked by the agency expires at the end of the 
day on the date of the agency's final determination to revoke 
the license, or on the expiration date stated in the 
determination, or as otherwise provided by agency order. 

(c) If a licensee does not submi t an a pp lication fo r license 
r enewal p u r suant to Rule .0340 of t his Section, the licensee 
shall on o r befo r e the ex p i r ation dat e s p ecifi e d in the lic e ns e : 
Each specific license continues in effect, beyond the expiration 
date if necessary, with respect to possession of residual 
radioactive material present as contamination until the agency 
notifies the licensee in writing that the license is terminated. 
During this time, the licensee shall: 

(1) tcnniiidic use of r adioactiv e mat er ial; limit actions 
involving radioactive material to those related to 
decommissioning; and 

(2) r emove r adioactiv e contamination to th e e xt e nt 
practicable exce p t fo r those pr ocedu r es cove r ed by 
Paragraph (d) of t his Rule: continue to control entry 
to restricted areas until they are suitable for release 
for unrestricted use and the agency notifies the 
licensee in writing that the license is terminated. 

(3^ pr o p e r ly dis p ose of r adioactive ma t e r ial; 

(4) submit a com p leted "Certificate of Disposition" 



12:9 



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Novembers, 1997 



759 



PROPOSED RULES 



fuiiii. which certifies infoi - mation conce r ning the 
disposition of mate r ials: and 

ip) conduct a radia t ion su r vey of the pr emises whe r e the 

lic e nsed ac t ivities we r e carried out and submit a 
r e p o r t of the r esul t s of this su r ^ ' cy. unless the 
licensee demonst r ates that the premis e s air suitable 
fo r releas e for unres tr ic t ed use in some othe r manne r . 
The licensee shall, as a ppr opria t e : 

(Aj repor t levels of r adiation in units of mic r o r ads 

pe r hou r of beta and gamma radiation at one 
centimeter and gamma r adiation at one mete r 
from su r faces : 

(fr) re p ort levels of radioactivity, including al p ha. 

bct^n — anti — gamma — emitters, — m — tmrts — of 
disintegrations per minute (o r microcuries) pe r 
100 square centimete r s r emovable and fixed 
fo r su r faces, mic ro curies pe r millilite r fo r 
water, and p icocuries p e r g r am for solids such 
as soils o r concrete: and 

t6i specify th e su r vey inst r um e ntfs) used and 

certify — that — each — inst r ument — is — prope r ly 
calibrated and tested. 
(d) fn — addition — to — the — iufoimation — re qui re d — tmder 
Subparag r a p hs (c) (4) and (5) of this Rule, the licensee shall 
submit a plan for completion of decommissioning if the 
pr ocedures necessary to carry out decommissioning have not 
been previously approved by th e agency and are likely to 
increase potential adverse health and saf e ty im p ac t s to wo r ke r s 
o r to the p ublic health including, but not limited to. the 
following cases : Within 60 days of the occurrence of any of 
the following, each licensee shall provide notification to the 
agency m writing of such occurrence, and either begin 
decommissioning its site, or anx separate building or outdoor 
area that contains residual radioactivity so that the building or 
outdoor area is suitable for release in accordance with agency 
requirements, or submit within 1? months of notification a 
decommissioning plan, if required by Subparagraph (g)(1) of 
this Rule, and begin decommissioning upon approval of that 
plan if: 

(1) procedu r es would involve t e chniqu e s not a pp li e d 
r outin e ly during cleanu p o r maintenance o p e r a t ions: 
or The license has expired pursuant to Paragraphs (a) 
or (b) of this Rule: 

(2) wo r ke r s would be ente r ing ar e as not normally 
occupied whe r e su r face con t amination and r adiation 
l e v e ls — arc — significantly — highe r — than — r outinely 
encountered during opera t ion; or The licensee has 
decided to permanently cease principal activities at 
the entire site or m any separate building or outdoor 
area that contains residual radioactivity such that the 
building or outdoor area [s unsuitable for release in 
accordance with agency requirements: 

(3) procedu r es could result — m — significantly g r eate r 
ai r borne concent r ations of r adioactive mat er ials than 
are — pr e s e nt du r ing o per ation; — or No principal 
activities under the license have been conducted for 
a period of 24 months: or 



(4) proc e du r es could resul t — in significantly greater 
releases of r adioactive ma t e r ial t o the environm e nt 
than those associated with o p eration. No principal 
activities have been conducted for a period of 24 
months in any separate building or outdoor area that 
contains residual radioactivity such that the building 
or outdoor area is unsuitable for release in 
accordance with agency requirements. 

(e) P r ocedu r es with p ot e ntial health and safe t y impacts may 
not be carried ou t prior to app ro val of t he decommissioning 
phnr Coincident with the notification requirements set forth in 
Paragraph (d) of this Rule, the licensee shall maintain in effect 
all decommissioning financial assurances established by the 
licensee pursuant to Rule .0353 of this Section in conjunction 
with a license issuance or renewal, or as required by this Rule. 
The amount of the financial assurance must be increased, or 
may be decreased, as appropriate, to cover the detailed cost 
estimate for decommissioning established in Paragraph (g) of 
this Rule. 

(f) The proposed decommissioning p lan, if r equired by 
Parag r a p h (d) of this Rule or by license condition, must 
include : The agency may grant a request to extend the time 
periods required in Paragraph (d) of this Rule if the agency 
determines that this relief is not detrimental to the public health 
and safety and is otherwise in tlie public interest. The request 
shall be submitted to the agency no later than 30 days before 
notification pursuant to Paragraph (d) of this Rule. The 
schedule for decommissioning set forth in Paragraph (d) of this 
Rule may not commence until the agency has made a 
determination on the licensee's request. 

(1) descri p tion of p lanned d e commissioning ac t ivi t ies; 
Any licensee who has not provided financial 
assurance to cover the detailed cost estimate 
submitted with the decommissioning plan shall do so 
when this Rule becomes effective. 

(2) d e sc r i p tion of methods used to assu r e pr otec t ion of 
wo r k er s and t he envi r onmen t agains t r adia t ion 
hazards during decommissioning; Following agency 
approval of the decommissioning plan, a licensee 
may reduce the amount of the financial assurance as 
decommissioning proceeds and radiological 
contamination is reduced at the site with the approval 
of the agency. 

f3l a description of t he p lanned final r adia t ion su r vey; 

and 



(4) 



for 



-an u p dat e d d e tail e d cost es t ima t e 

decommissioning, com p aris o n of that estima t e with 

pr es e nt funds set aside for dec o mmissioning, and 

p lan fo r assu r ing the availability o f adequate fiinds 

for com p le t ion of decommissioning. 

(g) Th e pr o p osed decommissioning plan will be a ppr oved by 

the agency if the iiifuiiuati o n t he r ein demonst r a t es tha t th e 

decommissioning will be com p le t ed as soon as is r eas o nable 

and that the health and safety of wo r ke r s and t he public will be 

ad e qua te ly pr otected. A decommissioning plan shall be 

submitted if required by license condition or if the procedures 

and activities necessary to carry out decommissioning of the 



. 



760 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



site or separate building or outdoor area have not been 
previously approved by the agency and these procedures could 
increase iwtential health and safety impacts to workers or to the 
public, such as in any of following cases: 

(\) Procedures would involve techniques not applied 
routinelly during cleanup or maintenance operations: 

(2) Workers would be entering areas not normally 
occupied where surface contamination and radiation 
levels are significantly higher than routinely 
encountered during operation: 

(3) Procedures could result in significantly greater 
airborne concentrations of radioactive materials than 
are present during operation: or 

(4) Procedures could result in significantly greater 
releases of radioactive material to the environment 
than those associated with operation. 

(h) Upon ap pr oval o f the decommissioning p lan by the 
agency, the licensee shall com p lete decommissioning in 
accordance wi t h the approved p lan. — As a final ste p in 
deeommissioning, — the — licensee — shaH — again — stibmit — the 
informa t ion requi r ed in Sub p arag r a p h (c) (5) of this Rule and 
shall cer t ify the dis p osi t ion of accumula t ed was t es f r om 
d e commissioning. The agency may approve an alternate 
schedule for submittal of a decommissioning plan required 
pursuant to Paragraph (d) of this Rule if the agency determines 
that the alternative schedule is necessary to the effective 
conduct of decommissioning operations and presents no undue 
risk from radiation to the public health and safety and is 
otherwise in the public interest. 

(i) If t he information submi tt ed under Sub p arag r a p h (c) (5) 
or Parag r a p h (h) of t his Rule does n ot adequately demonstra t e 
tha t th e pre mises are sui t able fo r rel e as e fo r un r es tr icted use. 
t he agency will inform the licensee of the a p pro pr iate fu r the r 
actions required fo r te rmina t ion of license. Procedures such as 
those listed in Paragraph (g) of this Rule with potential health 
and safety impacts may not be carried out prior to agency 
approval of the decommissioning plan. 

(j) Each s p ecific license continues in effect, beyond the 
ex p i r a t ion date if n e c e ssary, with re s pe c t t o p ossession of 
r esidual r adi o ac t ive ma t erial presen t as con t amina t ion un t il t he 
agency notifi e s the licens e e in w r i t ing tha t th e lic e ns e is 
terminated. Du r ing this t ime, the licensee shall : The proposed 
decommissioning plan for the site or separate building or 
outdoor area must include: 

(1) limit actions involving radioac t ive ma t e r ial to those 
r elated to d e commissioning: and A description of the 
conditions of the site or separate building or outdoor 
area sufficient to evaluate the acceptability of the 
plan: 

continue to con t rol ent r y to r est r icted areas un t il they 
a re suitable fo r release fo r un r es tr icted use and the 
agency notifies the licensee in writing that the license 
is — terminated. A description of planned 
decommissioning activities: 

A description of methods used to ensure protection of 
workers and the environment against radiation 
hazards during decommissioning: 



(2) 



£4) 
£5] 



16] 



(3} 



A description of the plaimed final radiation survey: 
An updated detailed cost estimate for 
decommissioning, comparison of that estimate with 
present funds set aside for decommissioning . and a 
plan for assuring the availability of adequate funds 
for completion of decommissioning: and 
For decommissioning plans calling for completion of 
decommissioning later than 24 months after plan 
approval, the plan shall include a justification for the 
delay based on the criteria in Paragraph (m) of this 
Rule. 
(k) S pe cific licens e s will be tciminated by writt e n notic e t o 
the licensee when the agency determines that. The proposed 
decommissioning plan will be approved by the agency if the 
information therein demonstrates that the decommissioning will 
be completed as soon as practicable and that the health and 
safety of workers and the public will be adequately protected. 
t+) — r adioactive ma t erial has been p roperly dis p os e d: 
(2) — r easonable effo r t has been made t o elimina t e residual 

r adioactive con t amination, if presen t ; and 

f3) — a r adia t ion survey has been performed which 

demonst r ates tliat the p remises are suitable fo r r elease 

fo r unrest r icted use; or other information submitt e d 

by the licensee is sufficient to demons tr ate tha t the 

premises arc suitable for release for unrest r icted us e . 

£11 Except as provided in Paragraph (m) of this Rule. 

licensees shall complete decommissioning of the site or separate 

building or outdoor area as soon as practicable but no later than 

24 months following the initiation of decommissioning. Except 

as provided in Paragraph (m) of this Rule, when 

decommissioning involves the entire site, the licensee shall 

request license termination as soon as practicable but no later 

than 24 months following the initiation of decommissioning. 

(m) The agency may approve a request for an alternative 
schedule for completion of decommissioning of the site or 
separate building or outdoor area, and license termination if 
appropriate, if the agency determines that the alternative is 
warranted by consideration of the following: 

(1) Whether it is technically feasible to complete 
decommissioning within the allotted 24 month 
period: 
£2} Whether sufficient waste disposal capacity is 
available to allow completion of decommissioning 
within the allotted 24 month period: 
(3) Whether a significant volume reduction in wastes 
requiring disposal will be achieved by allowing 
short-lived radionuclides to decay: 
(4") Whether a significant reduction in radiation exposure 
to workers can be achieved by allowing short-lived 
radionuclides to decay: and 
(5) Other site-specific factors which the agency may 
consider appropriate on a case-by-case basis, such as: 
(A") regulatory requirements of other government 
agencies: 

(B) lawsuits: 

(C) ground-water treatment activities: 

(D) monitored natural ground-water restoration: 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



761 



PROPOSED RULES 



(E) actions thai could result in more 
environmental harm than deferred cleanup: 
and 

(F) other factors beyond the control of the 
licensee. 

(n) As the final step in decommissioning, the licensee shall: 

(1) Certify the disposition of all licensed material, 
including accumulated wastes, by submitting a 
completed "Certificate of Disposition": and 

(2) Conduct a radiation survey of the premises where the 
licensed activities were carried out and submit a 
report of the results of this survey unless the licensee 
demonstrates that the premises are suitable for release 
in some other manner. The licensee shall, as 
appropriate: 

(A) Report levels of gamma radiation in units of 
microrem (millisieverts) per hour at one meter 
from surfaces: 

(B) Report levels of radioactivity, including alpha 
and beta, in units of microcuries per 100 
square centimeters (or disintegrations per 
minute), removable and fixed, for surfaces: 
microcuries per milliliter for water: and 
picocuries p er gram for solids such as soils or 
concrete: and 

(C) Specify the survey instrument(s) used and 
certify that each instrument is properly 
calibrated and tested. 

(oj Specific licenses will be terminated by written notice to 
the licensee when the agency determines that: 

( 1 ) radioactive material has been properly disposed: 

(2) reasonable effort has been made to eliminate residual 
radioactive contamination, if present: and 

(3) a radiation survey has been performed which 
demonstrates that the premises are suitable for release 
for unrestricted use: or other information submitted 
by the licensee is sufficient to demonstrate that the 
premises are suitable for release for unrestricted use. 

Authority G.S. 104E-7: 104E-W(b); 104E-18. 

.0340 RENEWAL OF LICENSES 

(ct) Applications for renewal of specific licenses shall be filed 
in accordance with Rule .0317 of this Section. 

("b) Wicn a licensee, not less than 30 days pr io r t o ex p i r ation 
of his exis t ing license, has filed an applica t ion in p r opci foiiii 
fo r r enewal o r fo r a new license autho r izing the same activities, 
the existing lic e nse shall not ex p i r e until the agency has taken 
final action u p on the a pp lication. 

Authority G.S. 104E-7; 104E-10(b). 

.0353 FINANCIAL ASSURANCE AND 
RECORD-KEEPING FOR 
DECOMMISSIONING 

(a) Each applicant for a specific license authorizing the 
possession and use of unsealed radioactive material of half-life 



greater than 120 days and in quantities such that R divided by 
10^ is greater than one (unity rule), where R is defined here as 
the sum of the ratios of the quantity of each isotope to the 
applicable value in the table in Appendix C to 10 CFR §§ 
20.1001 - 20.2401 shall submit a decommissioning funding 
plan as described in Paragraph (g) of this Rule. 

(b) Each holder of a specific license issued before the 
effective date of this Rule, and of a type described in Paragraph 
(a) of this Rule shall submit, no later than 60 days after the 
effective date of this Rule, a decommissioning funding plan or 
a certification of fmancial assurance for decommissioning in an 
amount of at least seven hundred and fifty thousand dollars 
(5750,000) in accordance with the criteria set forth in this Rule. 
If the licensee submits the certification of fmancial assurance 
rather than a decommissioning funding plan at this time, the 
licensee shall include a deconmtissioning funding plan in any 
application for license renewal. 

(c) Each applicant for a specific license authorizing 
possession and use of radioactive material of half-life greater 
than 120 days and in quantities specified in Paragraph (f) of this 
Rule shall either: 

( 1 ) submit a decommissioning funding plan as described 
in Paragraph (g) of this Rule; or 

(2) submit a certification that financial assurance for 
decommissioning has been provided in the amount 
prescribed by Paragraph (f) of this Rule using one of 
the methods described in Rule .0354 of this Section. 
For an applicant, this certification may state that the 
appropriate assurance will be obtained after the 
application has been approved and the license issued 
but prior to the receipt of licensed material. As part 
of the certification, the applicant shall submit to this 
agency, a copy of the financial instrument obtained 
to satisfy the requirements of Paragraph (g) of this 
Rule. 

(d) Each holder of a specific license issued before the 
effective date of this Rule, and of a type described in Paragraph 
(c) of this Rule shall submit, no later than 60 days after the 
effective date of this Rule, a certification of financial assurance 
for decommissioning or a decommissioning funding plan in 
accordance with the criteria set forth in this Rule. 

(e) Each holder of a specific license issued on or after the 
effective date of this Rule, which is of a type described in 
Paragraph (a) or (c) of this Rule, shall provide financial 
assurance for decommissioning in accordance with the criteria 
set forth in this Rule. 

(f) Required amounts of financial assurance for 
decommissioning by quantity of radioactive material where R 
is defined as the sum of the ratios of the quantity of each 
isotope to the applicable value in Appendix C to 10 CFR §§ 
20.1001-20.2401 are as follows: 

(1) for imsealed form, if R divided by 10^ is greater than 
one, then the minimum financial assurance amount is 
seven himdred and fifty thousand dollars ($750,000) 
and shall be as stated in an approved 
decommissioning funding plan as described in 
Paragraph (g) of this Rule; 



762 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



PROPOSED RULES 



(2) for unsealed form, if R divided by 10'' is greater than 
one but R divided by 10^ is less than or equal to one, 
then the financial assurance amount is seven hundred 
and fifty thousand dollars ($750,000); 

(3) for unsealed form, if R divided by 10^ is greater than 
one but R divided by 10^ is less than or equal to one, 
then the financial assurance amount is one hundred 
and fifty thousand dollars ($150,000); 

(4) for sealed sources or plated foils, if R, divided by 
10'° is greater than one, then the financial assurance 
amount is seventy five thousand dollars ($75,000). 

(g) Each decommissioning funding plan shall contain a cost 
estimate for decommissioning and a desc r i pt ion of the 
documentation of an approved method assuring funds for 
decommissioning as referenced in Rule .0354 of this Section, 
including means of adjusting cost estimates and associated 
funding levels periodically over the life of the facility. 

(h) Each person licensed under this Section of this Chapter 
shall keep records of information important to the safe and 
effective decommissioning of the facility in an identified 
location until the license is terminated by the agency. If 
records of relevant information are kept for other purposes, 
reference to these records and their locations may be used. 
Information the agency considers important to decommissioning 
includes, but is not limited to: 

(1) Records of spills or other unusual occurrences 
involving the spread of contamination in and around 
the facility, equipment, or site. 

(A) These records may be limited to instances 
when contamination remains after any cleanup 
procedures or when there is reasonable 
likelihood that contaminants may have spread 
to inaccessible areas as in the case of possible 
seepage into porous materials such as 
concrete. 

(B) These records shall include any known 
information on identification of involved 
nuclides, quantities, forms, and 
concentrations. 

(2) As-built drawings and modifications of structures and 
equipment in restricted areas where radioactive 
materials are being used or stored, and of locations of 
possible inaccessible contamination such as buried 
pipes which may be subject to contamination. 

(A) If required drawings are referenced, each 
relevant document need not be indexed 
individually. 

(B) If drawings are not available, the licensee shall 
substitute appropriate records of available 
information concerning these areas and 
locations. 

(3) Records of the cost estimate performed for the 
decommissioning funding plan or of the amount 
certified for decommissioning, and records of the 
funding method used for assuring funds if either a 
funding plan or certification is used. 

(4) Except for areas containing only sealed sources 



(provided the sealed sources have not leaked or no 
contamination remains after cleanup of any leak) or 
radioactive materials having only half-lives of less 
than 65 days, or depleted uranium used only for 
shielding, licensees shall be required to establish and 
maintain a list, contained in a single document. The 
list shall be updated every two years, and include the 
following information: 

(A) All areas designated and formerly designated 
as restricted areas as defined in Rule .0104 of 
this Chapter: 

(B) All areas outside of restricted areas that 
require documentation under Paragraph (h) of 
this Rule; 

(C) All areas outside of restricted areas where 
current and previous wastes have been buried 
as documented in Rule .1642 of this Chapter; 
and 

(D) All areas outside of restricted areas which 
contain material that, if the license expired. 
the licensee would be required to 
decontaminate either the area to unrestricted 
release levels or to apply to the agency for 
approval for disposal as required in Rule 
.1629 of this Chapter. 

Authority G.S. 104E-7; 104E-18. 

.0358 RELEASE OF PATIENTS CONTAINING 
RADIOPHARMACEUTICALS OR 
PERMANENT IMPLANTS 

(a) A licensee may authorize the release from its control of 
any individual who has been administered radiopharmaceuticals 
or permanent implants containing radioactive material if the 
total effective dose equivalent to an^ other individual from 
exposure to the released individual is not likely to exceed 500 
millirem (5 mSv). 

(b) The licensee shall provide the released individual with 
instructions, including written instructions, on actions 
recommended to maintain doses to other individuals as low as 
reasonably achievable if the total effective dose equivalent to 
any other individual is likely to exceed 100 millirem (1 mSv). 
If the dose to a breast-feeding infant or child could exceed 100 
millirem (1 mSv) assuming there were no interruption of breast- 
feeding, the instructions shall also include: 

(1) Guidance on the interruption or discontinuation of 
breast-feeding; and 

(2) Information on the consequences of failure to follow 
the guidance. 

(c) The licensee shall maintain a record of the basis for 
authorizing the release of an individual, for three years after the 
date of release, if the total effective dose equivalent is 
calculated by: 

(1) Using the retained activity rather than the activity 
administered: 

(2) Using an occupancy factor less than 0.25 at one 
meter; 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



763 



PROPOSED RULES 



(3) Using the biological or effective half-live: or 

(4) Considering the shielding by tissue. 

(d) The licensee shall maintain a record, for three years after 
the date of release, that instructions v.' ere provided to a breast- 
feeding woman if the radiation dose to the infant or child from 
continued breast-feeding could result in a total effective dose 
equivalent exceeding 500 millirem (5 mSv). 

Authority G.S. 104E-7(a)(8). 

SECTION .0400 - STANDARDS FOR 
PROTECTION AGAINST RADIATION 

.0401 PLUPOSE AND SCOPE 

(a) Tins Section e stablishes standards for prot e ction agains t 
ionizing r adia t ion hazards. — Exce p t as othe r wis e s p ecifically 
pr ovided, this Section a pp lies t o all lic e nsees o r r egist r ants. 
Nothing in this S e ction shall be inte rpr eted as limiting the 
intentional ex p osure of pa t ien t s to r adiation for th e p ur p ose of 
medical diagnosis or the r a p y. 

(b) Li addition to complying with th e r equi r ements se t fo r th 
in this Section. e veiT reasonable effo rt shall be made to 



f r om X o r gamma r ays up to 10 MeV may be assumed tu be 
e quivalent to th e ex p osu r e measu r ed by a p r o p e r ly calibrated 
appropriat e inst r ument in ai r at o r near the body surface in the 
r egion of the highest dose r at e . 

tci — A licensee or re gistrant may pciiuit an individual in a 
restricted area to receive a dose to the whole body g r eater thaii 
that pcuriiticd unde r (a) of this Rule pr ovided that: 

t^^ During any calendar qua r te r the dose to the whole 

body f r om sou r ces of r adiation in the licensee's or 
r egist r ant's p ossession shall not exceed three rems. 

f2) The dose to the whole b o dy, when added t o the 

accumulated occupational dose to the whole body, 
shall not exceed 5(N-18) re ms where "N" equals th e 
individual's age in years at his last birthday, and 

t3j We — lic e ns ee or registrant has dete r mined the 

individual's accumulated occupational dose t o th e 
whole body on appropria t e form(s) p r ovided by th e 
agency o r on a clear and l e gible r ecord containing all 
the information required in that form and ha, 



othe r a ' is e com p lied with the r equi r em e n t 
.0403 of this Sec t ion. As used in this Rul e 

:lude 



and 



l e as e s of radioactive 



maintain radiation ex p osu r es. — and r eleas e s or 
mat e rials in efflu e nts to un r estricted areas, as fai - below the 
limits s p ecified in this Section as pr ac t icable. The term "as far 
below th e liniits s p ecified in this Section as pr acticable" means 
as low ' as reasonably achievabl e taking into account th e stat e of 
t echnology, and the economics of im p rovements in r elation to 
b e n e fits to the public health and safety and in r elation to the 
utili z ation of ionizing radiation in the p ublic inte r est. 

(c) Nothing in this Section shall r elieve a licensee engaged 
in op er ation of a r adioactive waste disposal facility, as d e fin e d 



s of Rul e 
'dose t o 
the whole body" shall be deemed t o include any dose 
to the whol e body, gonads, ac t iv e blood-forming 
organs, head and t r unk, o r lens of eyes. 

Authority G.S. 104E-7. 

.0403 DETERMINATION OF PRIOR DOSE 

(a) Lach licensee o r r egist r ant shall r equire any individual, 



pr io r to fi r s t ent r y of the individual into the licens ee 's or 
regis tr an t 's restricted area du r ing each employment o r work 
assignment und er such ci r cumstances that the individual will 



rn — Rttk — .0104 of this Chapter. — f r om r es p onsibility — for r eceive o r is likely to r eceive in any p e r iod of one calendar 



com p lying with th e r equi r ements in Section 
Cha p te r . 

Authorir\- G.S. 104E-7. 



.0402 RADIATION DOSE TO INDIVIDUALS 
IN RESTRICTED AREAS 

(td — Exc ep t as p rovided in (c> of this Rule, no licensee or 
r egist r ant shall p ossess, us e , re ceive, o r t r ansf er sou r c e s of 
radiation in such a mann er as to cause any individual in a 
re stncted area to re c e ive in any p eriod of one calendar quarte r 



[200 of this quarter an occu p ational dose in excess of 25 p e r cent o f the 
a p plicabl e standards s p ecifled in Rules .0402(a) and .0405(a) 
of this Section, to disclose in a written, signed statem e n t , 
e ither : 

irh that the individual has no p r ior occu p ational dose 

du r ing the cu rre nt calendar quarter, or 



t^ the natu r e and amount of 



ional dos e 



any occupatic 
wh i ch the individual may have re ceived during tha t 
s p ecifically id e ntified current calendar quarter f ro m 
sources of r adiation p oss e ssed o r cont r olled by o th er 
p e r sons. 



Whole body: head and t r unk: 
Active blood-forming organs. 
L e ns of eyes: or Gonads 
Hands and foieainis, 



Rems/Calendar Quarter 
hi5 



f r om all sou r ces of r adiation in the licensee's or registrant's Each licensee o r r egist r an t shall maintain r ecords o f such 
poss e ssion a dose in excess of th e limits s pe cifi e d in th e stat e m e nts until the agency authorizes their dis p osition, 
following tabl e : (b) B e for e permitting any individual in a r est r icted area to be 

exposed to r adiation in excess of the limits s p ecified in Rule 
.0402(a) of this Section, each licensee o r re gist r an t shall : 

Hi obtain a ce r tificate on a ppr opriat e form(5) provided 

by the agency o r on a clear and legible re co r d 
containmg all the infoimation r equi r ed in that fouii, 
sign e d by th e individual, showing each period of 
time afte r the individual attained the age of 18 in 
which the individual r eceiv e d an occu p ati o nal dose of 
r adiation : and 
ti^ calculate on th e ag e ncy foiui, in accordance with the 



«T^ 



Skin of whole b o dy 



-^rf^ 



(b) For det e rmining the doses s p ecified in this Rule, a dos e 



764 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



ins t ruc t ions a pp eai ' ing the re in, o r on a clear and 

legible record con t aining all iiifoiiua t ion re quired in 

i1m( fuini, the previously accumulated occu p a t ional 

dos e r eceived by t he individual and the additional 

dose allowed fo r tha t individual unde r Rule .Q402(c) 

of this Section. 

(c) In the p reparation o f th e appropriate agency fonii(s) or 

a clear and legible r eco r d containing all the information 

requi r ed in tha t foiin, the licensee o r re gist r an t shall make a 

reasonable effo rt to obtain r epo r ts of the individual's pr eviously 

accumulated occu p ational dos e . Fo r each period for which the 

licensee or regist r an t obtains tlicsc r e p o rt s, he shall use the dose 

shown in the r e p o rt in pr e p aring the form. In any case whe r e 

a licensee or regist r ant is unable to obtain repo r ts of the 

individual's occu p ational dose for a previous compl et e calendar 



t2) Fo r r adon-222. t he limiting quantity is t hat inhaled 

in a period of one calendar y e ar; 

t3^ Fo r r adioactive ma te rial designated "Sub" in the 

"Isoto p e" column of Table I in Rule .0423(a) of this 
S e ction the s p ecified concentra t ions ar e based u p on 
exposure to the r adioac t ive mate r ial as an exte r nal 
sou r ce ; — h e nc e . — individual — exposures — to — these 
r adioac t ive mate r ials may be accounted fo r as p art of 
the limita t ion on individual dose in Rule .0402 of 
this Section ; 

(4) ft — shaH — be — assumed — that — a — p erson — wo r king 

4 hours per week inhales 6.3 x lO ^ ml of ai r during 
13 such weeks and 2.5 x 10 ' *ml of air du r ing on e 
year. 



(c) Notwithstanding (a) of this Rule, if r adioac t ive mate r ial 
it shall be assumed t hat the individual has received the is of such foim tha t in t ake by absorp t ion through the skin is 

to r adioac t ive ma t erial shall b e 



quar t e r . 

occupational dose specified in whichever of t he following 

columns a pp ly : 



Column 1 



likely, individual ex p osu re s 

cont r olled so tha t the u pt ake of r adioac t ive mate r ial by any 
o r gan f r om ei t her inhalation o r absoip t ion o r both r out e s of 
Column 2 intake in any calendar quarte r does not exceed that which would 



Assumed Dose in Rems 



for Calendar Quarte r s 



P r io r to Januaiy 1, 1901 



Assumed Dos e in R e ms r esult f r om inhaling such radioac t ive mate r ial fo r 40 hours per 

week fo r 13 weeks at uniform conc e ntrations specified in Table 
I, Column 1 in Rul e .0423(a) of this Section. 



fo r Calendai - Quarters 

Degimiing on o r afte r 

January 1, 19G1 



Part of Body 

Whole body 
G o nads 
Ac t ive blood- 
foiu ' iing o r gans 
Head and tr unk 
Lens of ey e s 



-^7^5^ 



7^ 



(d) Notwi t hs t anding (a) t o (c) of this Rule, no licens ee shall 
p ossess, use o r t r ansf e r mixtu r es of U-234, U-235, and U-238 
in soluble form m such a manne r as to permit any individual in 
a res t ricted area to inhale a quan t ity of such mate r ial in any 
calenda r week g r eate r than the quantity which would re sul t 
f r om itihalation fo r 40 hours at a uniform concent r ation of such 
mate r ial in ai r s p ecified in Table I, Column 1 of Rule .0423(a) 
of this Section. If such soluble u r anium is of a form such tha t 
abso rp tion through th e skin is likely, individual ex p osures to 
such material shall be con tr olled so that th e uptake of such 
ma t e r ial by an o r gan f r om e ithe r inhala t ion or abso rp tion o r 
both r outes of intake, during any calendar week, do e s not 
calculation of t h e individual's accumulat e d occu p a t ional dose exceed the quantity which would result f r om inliaiation for 40 

hou r s at a uniform conc e n t ration of such mate r ial in the ai r as 
s p ecified in Table I, Column 1 of Rule .0423(a) of this Section. 



idrf — The licensee o r regis tr an t shall retain and pr ese r ve 
r eco r ds used in pr e p a r ing t he appropria t e agency foi ' m(s). — ff 



for all p eriods pr ior to January 1, 1 9 61 yields a resul t highe r 
than tlK applicable accumula te d dose value fo r the individual as 
of tha t date as specified in Rule ■0402(c) of this Section, the 
excess may be disregarded. 

Authority G.S. 104E-7; 104E-12(a)(2). 



(e) Exposu r es du e t o acciden t , inadve rt ence, p oo r pr oc e dure, 
o r similar condi t ions shall be e valuat e d and accounted fo r by 
a ppr o pr iat e t e chniques and pr ocedu r es. Such ex p osu r es shall 
be included in determining compliance with (a), (c) and (d) of 
this Rule. 



.0404 



CONCENTRATIONS IN A RESTRICTED 
AREA 



(f) Fo r the 



of dete r 



p u rp ose ot determining com p lianc e with th e 
requirements of this Rule, the licensee shall use suitable 



fs) — No licensee shall p ossess, us e o r 
mate r ial in such a manner as t o permit any individual in a 



tr ansf e r r adioactive measu re ments of concent r ations of radioac t ive materials in air 
fo r detecting and evaluating ai r borne radioactivity in re st r icted 



of 



r est r ict e d area to inhale a quantity of r adioactive mate r ial, in areas and in addition, as a pp ro pr iat e , shall use measu r ements 

r adioactivity in the body, exc r eted f r om th e body, or any 



any p e r iod of one calendar quart e r g r eate r than the quantity 
which would r esult from inhalation fo r 40 hou r s p er w e ek fo r 
13 weeks at unifoiiu tuiiceiit r ations of r adioactive material in 
ai r s p ecified in Table 1. Column 1 of Rul e .0423(a) of this 
Section, 
(b) To determine com p liance with (a) of this Rule : 



combination of such m e asu r ements as 



4br 



may b e necessary 
timely detection and assessment of individual intakes of 
r adioactivity by ex p osed individuals. It shall be assumed that 
an individual inhales r adioactive material a t the ai r bo r n e 
concentration in which the — individual — is pre sent, — tmiess 
th The concent r ation fo r solubl e hyd r og e n-3 in Table 1, r espi r ato r y pr otective equi p ment is used p ursuant to (h) of this 



Column 1 of Rule .0423(a) of this Section may be 
multi p li e d by 2; 



Rule. When ass e ssment of an individual's intake of r adioactive 
material is n e cessaiy. intak e s l e ss than those which would result 



12:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



765 



PROPOSED RULES 



from inhalation for t wo hou r s in any one day or fo r ten hou r s 
in any one week at miifoiin concent r a t ions s p ecified in Table 1. 



.0402(a) of this Sec t ion. 
tbi — No licensee shall p ossess, use, or transfer radi o ac t iv e 



Column 1 of Rule .0423(a) of tliis Section need no t be included ma t erial in such a manner as t o cause any individual within a 

res t ric t ed area, who is under 18 years of age, to be exposed to 



in such assessment, provided that fo r any assessment in excess 
of t h e se amounts t he enti r e amoun t is included. 

tgi — The licens e e shall, as a p recau t ionary pr ocedure, use 
process or o the r engineering cont r ols t o limi t concentrations of 
radioactive mate r ials in ai r t o lev e ls bel o w t hose defined in 
Rule .0104(7) of this Chapte r . When it is im pr ac t icable, by 
such means, t o limi t such airborne concent r a t ions below the 
levels defined in Rule .0104(7) of this Cha pt er, othe r 
pr ecautionai7 pr ocedures, such as increased su r veillance, 
limiting wo r k t imes or pr ovision of re s p i r ato r y pr o t ec t ive 
equi p men t , shall — b e used to maintain intake of radioactive 
mate r ials by any — individual within any p eriod of seven 
consecutiv e days as fa r as r easonably achievable below t ha t (a) Exce pt as autho r ized by the agency pursuant to (b) o f this 

intake of r adioac t ive — ma t erial which would r esul t — from Rule, no licensee o r r egis tr ant shall p ossess, use, or transfer 
inhala t ion of such material fo r 40 hou r s at ilie uniform 
con c ent r ations s p ecified in Tabl e 1, Column 1, of Rul e .0423(a) 
of this Section. WTieneve r the in t ake of radioactiv e ma ter ial by 



ai r bo r ne radioac t ive mate r ial in an average concen t ration in 
e xcess of th e limits s pe cifi e d in Table II in Rule .0423(a) of this 
Section. — For p ui -p oses of this Rul e , concentrations may b e 
ave r aged ov er per iods not g r eater than one week. 

(c) The pr ovisions of Rule .0404(a) to (d) of this Section 
shall ap p ly to exposures subject t o (b) o f this Rul e . 

Authority G.S. 104E-7. 



.0406 



PERMISSIBLE LEVELS IN 
UNRESTRICTED AREAS 



sou r c e s of radiation in such a manne r as t o c r eate in any 
un re s tr icted area from such sources o f radiation in his 
p ossession : 



any individual exceeds this 40 hou r cont r ol measu r e, t he 
licensee shall make such evalua t ions and t ake such actions as 



-shaH 



ar e necessaiy to assure agains t r ecu rr ence. — th e lic e ns e e 
main t ain reco r ds of such occurrences, e valuations, and actions 
in a cleai - and r eadily identifiable form suitable for summary 
re view and evaluation. 

(li) When rcs p iratoiy pr otec t ive equi p men t is used to limi t 
t h e inhalation of airbo r ne r adioactive mate r ials p u r suant to (g) 
of this Rule, the lic e nsee may make allowance fo r such use in 
e stima t ing — e xposu r es — of individuals — to — stich — r adioactiv e 
materials p rovided that such equi p ment is us e d as s t i p ulated in 
Regulato i y Guide 8.15. "Acc ep table P r og r ams fo r Res p i r ato r y 
P r o t ection", of the U.S. Nuclear Regulato r y Commission. 

(i) Tli e licensee shall notify t he agency 
days befo r e the da t e that r es p i r a t o r y pr otec t ive equi p men t is 
fi r s t used unde r th e p rovisions of (g) of this Rule. 

(j) — Notwithstanding the p r ovisions of (g) and (h) of this 
Rul e , th e ag e ncy may impos e fu rt he r r est r ic t ions : 



(4i r adia t ion — l e vels — which. — if an — individual — were 

continuously pr esent in t h e area, could result in his 
r eceiving a dose in excess of two millirems in any 
one hou r ; o r 

i^ r adiation — levels — which, — if an — individual — were 

con t inuously pre s e nt in the area could result in his 

r eceiving a dose in excess of 100 millirems in any 

seven cons e cu t ive days. 

(b) Any p e r son may a pp ly to the agency for proposed limits 

u p on levels of r adia t ion in un r estricted areas in excess of th o se 

s p ecified in (a) of this Rule resul t ing f r om the a pp licant's 

p ossession o r use of sou r ces of r adia t ion. The applica t ion shall 

include infoiinaiioii as t o an t ici p a t ed average r adiation levels 

in w r iting at least 30 and an t ici p ated occu p ancy time for each un re st r ict e d ar e a 

involved. The agency will a ppr ov e t h e p roposed limi t s if the 

a pp licant demonstrates to the satisfac t ion of t he ag e ncy t hat the 

pr o p os e d limits are not likely t o cause any individual to re c e iv e 

a dose t o the whol e body in any p e r iod of one calendar year in 



t+t- 



on the extent to which a licensee may 
allowanc e fo r use of res p irato r s in lieu of provision 



make excess of 0.5 r em. 



--that 



of — pr oc e ss. — and — thc- 



cont r ols, — tf 



pr oc e ss. — and — the — e nginee r ing 
a pp lication — of — stich — cont r ols — is — found — to — be 
p r acticable: and 



(c) It is the intent of this Rule to limi t r adia t ion levels so i 
It is mtlikely tha t individuals in unres t ricted areas would re c e iv e 
a dose t o th e whol e body in excess of 0.5 rem in any one year. 
If in s p ecific ins t ances i t is de t ermined by t he agency that this 



(5V 



as may be necessary t o assu r e t ha t the respi r atory 
pr otectiv e pr og r am of t he licensee is adequa t e in 
limi t ing — ex p osu re s — of — per sonnel — to — ai r bo r ne 
radioactiv e ma ter ials. 



Authority G.S. 104E-7. 

.0405 EXPOSURE OF MINORS 

(a) No licens ee o r r egist r ant shall p oss e ss, use, o r t r ansfe r 
sources of r adia t ion in such a manne r as t o caus e any individual 



inten t is no t met, the 



such addi t i o nal 



agency may im po se 
r equi r ements on t he licensee o r r egist r an t as may be necessary 
to mee t this intent. 

Authority G.S. 104E-7. 

.0407 CONCENTRATION IN EFFLUENTS 
TO UNRESTRICTED AREAS 



t ransfer licensed 



(a) — No lic e nsee shall p ossess, use, o r 
r adioac t ive mate r ial so as t o r elease t o an unres t ricted area 



in any pe riod of on e cal e nda r qua r te r from all sou r ces of 



within a restric t ed aira. who is unde r 18 years of age t o re c e iv e r adioac t ive mate r ial in concen t rations which exceed the limi t s 

s pe cifi e d in Tabl e II in Rule .0423(a) of this Section, exce p t as 
authorized p u r suan t to Rule .0416 of this Section and (b) of this 
Rul e . — For pur p os e s of this Rul e , concen tr ations may be 



r adiation in such licensee's o r r egis tr ant's p ossession a dos e in 
excess of t en p e r cent of t he limits specified in the table in Rule 



766 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



dvtraged aver a period n o t greater thaji one year. 

(b) An applica t ion f o r a license or amendmen t may include 
proposed limi t s higher than those specified in (a) of this Rule. 
The agency will approve the proposed limits if the applican t 
demonst r a t es : 



t?^ a d e sc r i pt ion of t he was t e t r eatment facilities and 

pr ocedu r es used t o r educe t he c o ncen t ration of 
r adionuclides in effluen t s pr io r t o their release. 



(d) Fo r the i 



; of this Rule, the concent r a t ion limi t s in 



: pur p oses i 
Table II in Rule .0423(a) of this Sec t ion shall apply at the 



(+) tha t the applican t has made a r eas o nable effort to boundary of the restricted area. The concen tr ation o f 



UTinimize t he radioactivity contained in effluents t o 
unres t ricted areas, and 



r adioactiv e ma t erial discharged through a s t ack, p i p e or similar 
condui t may be det e rmined with r es p ec t t o t he po in t where the 



(2^ that — it — is — not — lik e ly — that radioac t ive — mat er ial material leaves the conduit. If the condui t discharges within t he 

discharged in t he effluen t would r esult in the 



e xp o sure of an individual t o concen tr ations of a 
radi o ac t ive mate r ial in air or wa t er exceeding the 
limits s p ecified in Table II in Rule .0423(a) of this 
Secti o n. 
(c) An application for higher limi t s pursuan t to (b) of t his 
Rule shall include information dem o ns tr a t ing tha t the ap p lican t 



r es tr ic t ed area, t he concentra t ion at the boundary may be 
detei min e d by a pp lying appropriate fac t o r s fo r dilution, 
dis p e r sion, o r decay between the p o in t of discharge and th e 
boundary. 

(e) In addition t o limi t ing concentra t i o ns in effluent s tr eams, 
the agency may limi t quan t ities of r adioactive ma t erial released 
in ai r o r wate r du r ing a specified period o f time if it a pp ears 



has made a reasonable effo r t to minimize the r adioac t ivity tha t the daily intake of r adioactive material f r om ai r , wa t e r , or 

food by a suitable sample of an exp o sed p op ula t ion group, 
averaged ove r a p e r iod n ot exceeding one year, would 



dischai ' ged in effluents to unrestricted areas, and shall include, 
as p e rt inen t: 



(ij iiifuimation a^ to flow ra t es, total v o lume of effluen t . othe r wise exceed the daily intake r esulting from continuous 

exposure t o air or wa t e r containing one t hi r d the concentra t ion 



peak concentrati o n o f each radi o nuclide in t he 
e ffluen t , and concentra t i o n o f each radi o nuclide in 
the effluen t averaged over a pe r iod o f one year a t the 
pomt whe r e the effluen t leaves a stack, t ube, pipe, o r 
similai - condui t ; 



of r adioactive material specified in Table II in Rule .0423(a) of 
this Sec t i o n. 

(f) The p rovisions of tliis Sec t ion do n o t apply to disposal of 
radioactive mate r ial into sani t ary sewerage systems, which is 
f2^ — a descrip t ion of th e pr op er t ies o f the effluen t s, gove r ned by Rule .0416(d) of this Section. 

Authority G.S. 104E-7. 

.0408 BIOASSAY SERVICES 

Whe r e n e c e ssary o r d e si r abl e in order to aid in de t ermining 
(€) the hydrog e n ion concentra t ions ( p ll) of liquid the exten t of an individual's exposu r e t o c o ncent r ations of 

effluents ; and 
(©) t he size r ange o f p articula t es in effluents 

released in to air; 



a descrip t ion of th e pr op er t ies o f the effluen t s, 

including : 

(A:) — chemical com p osi t i o n; 

tB) — physical chai - ac t eristics, including sus p ended 

solids content in liquid e f fluents, and nature o f 

gas or aer o s o l f or ai r effluen t s; 



i^ a descripti o n o f t he an t ici p a t ed human o ccupancy in 

the unrestric t ed area where t he highest c o ncen t ra t ion 
of r adi o ac t ive ma t e r ial f ro m t he effluent is ex p ected 
and, in the case o f a r iver o r stream, a description of 
wate r uses d o wns tr eam f r om t he p o in t o f r elease of 
t h e e fflu e n t ; 

t4) informati o n as t o the highes t concent r ation of each 

r adionuclide — in — an — un r estric t ed — area — including 
an t icipated concen tr a t ions averaged over a period of 
one year : 

(A) in air a t any poin t of human occu p ancy, o r 

(B) in water at po in t s of use downstream f r om the 

p oint of release of the e ffluent; 

(5) the backg r ound concentra t ion of r adionuclides in the 

r eceiving river or stream p rior to the release of liquid 
effluen t ; 

ifi) a descrip t ion of the environmental — moni t oring 

equipment including sensi t ivity of the sys t em and 

pr ocedures and calculations to detcniiiiic 

c o ncent r a t ions of r adionuclides in the unrestric t ed 
area and possible r econcentrations of radionuclides; 
and 



radioac t ive ma t e r ial, th e ag e ncy may incor p orate license 
pr ovisions or issu e an or der r equi r ing a licensee o r r egis tr ant to 
make available to t he individual a ppr o pr iat e bioassay se r vices 
and t o fiimish a copy of the rep o rts of such se r vices t o t h e 
agency. 

Authority G.S. 104E-7; 104E- 12(a)(2). 

.0409 SURVEYS 

Each licensee o r r egist r ant shall make o r cause to b e mad e 
such surveys as may be necessary for him to establish 
compliance with t hese Regula t ions. 

Authority- G.S. 104E-7. 



.0410 PERSONNEL MONITORING 

(ct) — Each licensee o r r egist r ant shall sup p ly appropriate 
p ersonnel monitoring equipment to, and shall r equire the use of 
such equi p ment by : 

(+) each individual who ente r s a restricted area unde r 

such circumstances t ha t he r eceives, o r is likely to 
r eceive, a dos e in any cal e ndar quane r in excess of 
25 pe r cent of the a pp licable value s p ecified in Rule 
.0402 of this Section ; 
(£) each individual unde r 18 years of age who ente r s a 



12:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



767 



PROPOSED RULES 



re stricted area under such ci r cumstances that he 
receives, or is likely to r eceive, a dose in any 
calendar quarte r in excess of five p e r cent of the 
a pp licabl e value s p ecified in Rule .0402 of this 
S e ction : and 

(31 e ach individual who enters a high r adiation area. 

ih) Ex p osu r e — of a personnel — monitoring — device — to 

d e ce p tively indica t e a dose delivered to an individual is 
prohibi t ed. 

(c) With the exc ep tion of direct and indi r ect reading pocke t 
ionization chambers and dosim e t er s used to measure the doses 
t o the hands. — forearms, — fee t and ankles, — all pe r sonnel 
dosime t e r s which ar e us e d t o comply with Rules .0402 or .0405 
of this Section o r with condi t ions in a license or r egist r ation 
and which requi r e processing to detcuviiiie the r adiation doses 
shall be pr ovided and evaluated by a dosimet r y pr ocesso r who 
tsr 

i+) registe r ed to provid e such se r vices p u r suant to Rule 

.0205 of this Cha p te r , and 

<:2i acc r edi t ed by the National Voluntary Labo r ato r y 

Accreditation Prog r ams (NVLAP) of the National 
Bu re au of Standards fo r the ty p e of radiation o r 
radiations included in the NVLAP p rog r ams tha t 
most closely app r oximate the ty p e of radiation or 
radiations fo r which the individual wearing the 
dosimeter is monito r ed. 



Authority- G.S. 104E-7. 

.0411 CAUTION SIGNS: LABELS: AND 
SIGNALS 

(a) Gene r al r equirements air as follows : 

ttj Except as othe r wis e autho r ized by th e agency, 

symbols prescrib e d by this Section shall use the 
conventional r adiation caution colo r s, mag e n t a or 

p ur p le — on — yellow — backg r ound. The — symbol 

pr esc r ibed by this Section is the conventional 
three-bladed design, r adiation symbol. 
Radiation Symbol 

th) Crosshatched area is to be magenta or p u rp l e . 

t©1 Backg r ound is to be yellow. 

i^ In addi t ion to the contents of signs and labels 

pre sc r ibed in this Section, a lic e nsee or r egist r ant 



may pr ovide on o r n e ar th e s e signs and la b els any 
additional information which may be a ppr o p riate in 
aiding individuals to minimize exposu r e to r adiation. 

f3l The wo r d "dange r " may b e substituted fo r the wo r d 

"caution" in the signs described in this Rule, 
(b) Each r adiation area shall be cons p icuously post e d with 
a sign o r signs bearing the r adiation caution symbol and the 
wortisr 

CAUTION RADIATION AREA 



td — High radiation ar e as shall be posted and pr otected as 
follows : 

t+1 Each high r adia t ion area shall b e cons p icuously 

post e d with a sign o r signs bearing the radiation 



caution symbol and the wo r ds: 



CAUTION HIGH RADIATION AREA 



f2) Each ent r ance o r access p oint to a high radiation ai ' Cd 

shall — be — posted — with — the — sign — desc r ibed — in 
Sub p arag r a p h (c)(1) of this Rule and shall be. 

(A) equi pp ed with a control device which shall 

cause the level of r adiation to be r educed 
below that at which an individual might 
r eceive a dos e of 100 millirems in one houi 
u p on entry in t o the ar e a; or 

(B) equi pp ed with a cont r ol device which shall 

ene r gize a conspicuous visible or audibl e 
alarm signal in such a manner that the 
individual cnteiTng the high radiation ajxa and 
the licensee, registrant, or a supervisor of the 
activity are made aware of the entiy, oi 

(€) maintain e d locked exce p t during periods wlieu 

access to the area is requi r ed, with p ositive 
control over each individual entiy. 

t^i The cont r ols requi r ed by Subparagraph (c)(2) of this 

Rule shall be e stablished in such a way that no 
individual will be prevented from leaving a high 
r adiation area. 

f4) In the case of a high r adia t ion area established for a 

p e r iod of 30 days o r less, di r ect suiTcillance to 
pr even t miautho r izcd entry may be substituted for the 
cont r ols r equi r ed by Sub p aragra p h (c)(2) of this 
fttrfer 



(5^ Any licensee, r egist r ant or applicant for a license oi 

r egistration may apply to the agency fo r a ppr oval of 
methods not included in Subpai ' agra p hs (c)(2) and (4) 
of this Rule fo r controlling access to high r adia t ion 

a re as. The agency will a pp rove the p ro po sed 

alternatives if th e licensee, regist r an t o r applicant 
demonstrates tha t the alternative methods of control 
will pr event unauthorized en tr y into a high r adiation 
a r ea, and that the requirements of Subparagraph 
(c)(2) of this Rule are me t . 

i€) Each ai - ea in which the r e may exist radiation levels in 

exc e ss of 500 rems in one hour at one mete r f r om a 
sealed r adioac t ive sou r ce that is used to i rr adia te 
mate r ials shall meet the r equi r ements which follow. 

tAj Each ent r ance or access p oint shall: 

it) — be equi pp ed with en t iy control devices 
which shall function automatically to 

pr event any individual from 

inadve r tently entering the area when 
these radiation levels exist; 
in) — permit delibe r ate enti7 into the ar e a 
only afte r actuation of a con tr ol device 
which shall cause the r adiation level 
within tlie area, f r om the sealed sou r c e , 
to be reduced below that a t which i t 
would be p ossible fo r an individual t o 
r eceiv e a dose in e xcess of 100 mrem in 



768 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



one hou r ; and 
(m) — preven t operation of the sou r ce if the 
souice would produce r adiation levels 
iu tlie area that could result in a dose to 
an individual in excess of 100 rnrem in 
one hou r . 

(B) Each area shall be e qui pp ed with addi t ional 

control devices such that u p on failu r e of t h e 
en tr y cont r ol devices to function as required 
by Subparagraph (c)(6)(A) of this Rule, t he 
radia t ion level within the a r ea, f r om the sealed 
source, shall be reduced below that at which i t 
would be p ossible for an individual to r eceive 
a dose in excess of 100 nuem in one hou r - 
Visible and audible alai ' m signals shall be 
generated to make : 
(i) — an individual attempting t o en t e r t h e 

area aware of the hazard; and 
-(it) — t he licensee, o r at l e as t one 



o t he r 



individual who is familiar wi t h the 
activity and pre p ared to r end er or 
summon assistance, aware of the failure 
of the entry control d e vic e s. 
(6) Each area shall be equi pp ed with cont r ol 

d e vic e s, such that : 

-(i) — u p on failu r e o r r emoval of p hysical 
r adiation — barriers, — other — than — the 
s o urce's shielded s tor ag e con t aine r , t he 
radia t ion level f r om t h e sou r ce shall b e 
r e duced below that at which it would be 
p o ssible fo r an individual t o r eceive a 
dose in excess of 100 mrem in o ne 
hour; 

■fii) — visibl e and audibl e alai ' m signals shall 
be genera t ed to make: 

(i) p otentially aff e c te d individuals 

awa r e o f the hazard, and 



o t he r 



fft) the licens ee , o r at least one i 

individual who is familiar wi t h 

the activity — and p re p ared — to 

r ende r o r summon assistance, 

aware of the failu r e o r r emoval 

of the p hysical bar r ier. 

When the shield fo r the stored sou r ce is a 

liquid, means shall be pr ovided to monitor the 

integrity — of — the — shidd — and — to — signal, 

automa t ically, loss of adequate shielding. 

Physical — r adiation — bar r i e rs — that — com pr ise 

pcrmancm st r uctu r al com p onents, such as 

walls that hav e no c r edible pr obability of 

failu r e or removal in ordinary ci r cumstances, 

need not meet the r equi r ements of this 

Sub p aragraph. 

(B) Each ai ' ea shall be equipped with devices that 

will automatically gene r ate visibl e and audibl e 
alaj - ni signals to ale r t p ersonnel in the area 
befo r e th e source can be p ut into op e ration and 



in sufficien t t ime fo r any individual in the ar e a 
to operate a clea r ly identified control d e vic e 
which shall be installed in the area and which 
can preven t t he sou r c e from b e ing put into 
opera t ion. 

(E) Each a r ea shall be cont r olled by use of such 

administ r a t ive pr ocedu r es and such devices as 
ar e n e cessary to assure that the area is clea r ed 
of p ersomiel p r io r to each use of the sou r c e 
pr eceding which us e i t might have been 
possible fo r an individual t o have ente r ed the 
area. 

fF) Each area shall be checked by a p hysical 

radiati o n measu r emen t t o assu r e tha t pr io r t o 
th e fi r s t individual's entiy into the area after 
any use of the sou r ce, t he r adiation level f r om 
t he source in the area is below that at which i t 
would be p ossible fo r an individual to r ec e iv e 
a dose in excess of 100 mrem in one hour. 
{G) — Th e lic e nsee shall tes t t h e e ntry control 
devices r equi r ed in Sub p aragraph (c)(6)(A) of 
this Rule fo r pr o p e r functioning prior to initial 
o p e r a t ion with the source of radiation on any 
day tha t opera t ions are not uninte rr u p t e dly 
continued f r om th e p revious day o r before 
r esuming o p e r ations af t e r any unintended 
inte rr uption. 

(t) — The licensee shall main t ain r eco r ds o f 
the da t es, t imes and r esul t s of such tes t s 
of function. No such op er ations other 
than those n e cessary to p lace the sou r ce 
in safe condition o r t o effect r e p ai r s on 
con tr ols shall be conduct e d with th e 
source — unless — control — devices — are 
functioning pr o p e r ly. 
(ti) — The licensee shall submit an acce p table 
schedule fo r mo r e complet e p e r iodic 
t es t s of the ent r y con tr ol and warning 
sys te ms to b e es t ablished and adhe r ed 
t o as a condition of the license. 

(tt) Th e lic e nse e shall have thos e e ntry and e xi t 

p o r tals that are used in t r ans p orting mate r ials 
to and f r om the irradiation a r ea and, that are 
not int e nd e d for use by individuals, controlled 
by such devices and administrative pr ocedu re s 
as a re n e cessary to p hysically pr otect and warn 
against inadve r ten t ent r y by any individual 

th r ough these p o r tals. Exit p o r tals fo r 

p rocessed materials shall be equipped to detect 
and signal the pr esenc e of loose r adia t ion 
sou r ces that arc car r ied toward such an e xi t 
and to automatically prevent the loose sou r c e s 
f r om being car r ied out of the area. 

f?) Licensees with, oi — a p plicants for, — licens e s for 

r adiation sources that: 

{h) are within the p urview of Sub p aragra p h (c)(6) 

of this Rul e ; 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



769 



PROPOSED RULES 



(B) must be used in a varit t y o f p osi t i o ns or in 

peculiai ' loeations. such as o p en Fields or 
forests; and 

(€) mak e it impracticable to com p ly with cer t ain 

requirements of Sub p a r agraph (c)(6) o f this 
Rul e , such as those for t he automa t ic c ont ro l 
of radiati o n levels; 
may apply to the agency f o r a ppr oval p rio r to use of 
safe t y measures tha t are al t e r na t ive t o t hose s p ecified 
in Subpai ' agraph (c)(6) of t his Rule, and tha t will 
pro vide at l e ast an equivalen t d e g r e e o f personnel 
pro t ection in the use of these sources. 

(Si A t l e ast one of the alt e rna t ive measu r es p u r suan t to 

Subpai ' agra p h (c)(7) of this Rule mus t include an 
entry-preventing — in ter lock — cont r ol — based — on — a 



CAUTION RADIOACTIVE MATERIAL 

(f) C o n t ain er s 

t^) Exce p t as pr ovided in Subparagraph (f)(3) of this 

Rule each containe r of radioactiv e mate r ial shall beai ' 
a du r able, clea r ly visible label iden t ifying the 
r adioactiv e con t ents. 

(2^ A label r equi re d p u r suant t o Subparag r a p h (f)(1) of 

this Rule shall bear the r adioactive caution symbol 
and the wo r ds : 

CAUTION RADIOACTIVE MATERIAL 

It shall also provide sufficien t information to pcuuit individuals 
handling o r using the con t ain er s, o r w or king in t he vicinity 



physical measuremen t of radiation tha t assures the th er e o f, to take p recau t ions to avoid o r minimize exposures. 

kinds o f 



absence o f high radiation l e v e ls befo r e an individual 

can gain access t o an area whe r e the sources are used. 

(9) Sub p a r ag r a p h (c)(6) of this Rule docs not a pp ly to 



The information shall include r adia t ion levels. 



radioac t iv e sou r ces tha t are used in : 

(A-) t e l e therapy. 

t©1 radiogra p hy, o r 

(€1 com p letely shi e lded ir r adia t o r s wi t hin which 

t h e sou r ce : 



ft) — is bo t h sto r ed and 
i¥j the — same 



a t ed wi t hin : 



Tspcr 
shielded 



r adiation 



m- 



bar r ie r . and 

th e d e signed configu r ation of t he 
i r radiato r ; 
fn) — is always inaccessible t o any individual ; 

and 
(m) — cann ot c r ea t e high l e vels o f r adia t ion in 
an — area that — is — accessible — to — any 
individual. 

(d) Each ai r bo r n e r adioac t ivity area shall b e cons p icuously 
po sted with a sign o r signs bearing the r adia t i o n cau t ion symbol 
and the wo r ds : 

CAUTION AIRBORNE RADIOACTIVITY AREA 

(e) Additi o nal Requi r ements 

tH Each area o r r oom in which any r adioactive ma te rial, 

oth er than natu r al u r anium o r tho ri um, is used o r 
s t o r ed in an am o unt exceeding t en t imes th e quanti t y 
of r adioactive mate r ial specifi e d in Rule .0424(a) of 
this Secti o n shall be cons p icuously p os t ed with a sign 
o r si gns bearing tlie r adia t ion caution symbol and th e 
wo r ds: 

CAUTION RADIOACTIVE MATERIAL 

(?) Each a r ea o r r oom in which na t ural u r anium o r 

thorium is used o r sto r ed in an amount exceeding 100 
tim e s t h e quan t ity s p ecifi e d in Rule .0424(a) o f this 
Sec t ion shall be cons p icuously p os te d with a sign o r 
signs b e aring the r adiation caution symbol and th e 
wo r ds : 



mate r ial, es t imate of activity 
estima t ed as a ppr o pr iat e. 



and date fo r which activi t y is 



(31 N o twithstanding t he p r ovisions of Subparagraph 

(f)(1) of this Rul e , labeling is not r equired f or 
containers which: 



(A:) — do — not — con t ain — r adioactiv e — ma t e r ial — m 
quantiti e s g r ea t er than the applicable quanti t ies 
listed in Rule .0424(a) of this Section. 

(&) contain only na t u r al uranium o r t horium in 

quantiti e s no g re a t e r than ten t imes the 
a pp licable quanti t es lis t ed in Rule .0424(a) of 
t his Section; 

(€1 do — not — contain — r adioac t ive — mat e rial — in 

concent r ations greater than the ap p licable 
conc e nt r ations list e d in Column 2. Tabl e I in 
Rule .0423(a) of t his Section; 

(©) a r e attended by an individual who takes t he 

pre cau t ions n e c e ssa r y to p reven t the e xposure 
of any individual to r adia t ion or radioac t ive 
material in excess of the limits es t ablished by 
the rules in this Sec t ion; 

(E) ar e in tr ans p o r t and are p ackaged and lab e l e d 

in acco r danc e wi t h r egulations published by 
the De p artment of Transporta t ion. 

tP) accessible only to individuals autho r iz e d to 

handle o r use them or t o wo r k in th e vicinity 
th ere of — pr ovid e d — that — the — conten t s — arc 
identifi e d to such individuals by a r eadily 
available — w r it te n — re co r d. — for — example, 
containe r s in locations such as wate r fiUed 
canals, sto r ag e vaul t s, o r hot c e lls ; and 

^ a r c manufactu r ing and pr ocessing equi p m e n t 

such as p i p ing and t anks. 
(41 Each licensee shall, p rio r to disposal of an emp t y 

uncontaminated container t o — un r estricted areas, 

remove o r deface th e r adioac t ive mate r ial label o r 

o th e rwis e clearly indicate that the container no long er 

contains r adioac t ive materials. 
tgr) — All r adiation machines shall be labeled in a manner 
which cautions individuals that radia t ion is p roduced when the 



770 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



machine is being opera t ed. 

Authority G.S. 104E-7; 104E-12(a)(l). 



immediat e control of the licensee o r regist r ant. 
Authority G.S. 104E-7. 



Mil EXCEPTIONS FROM POSTING AND 
LABELING 

Notwi t hstanding the provisions o f Rule .041 1 of this Sec t ion : 

ifr) A room or area is not requi r ed to be posted with a 

caution sign because of the presenc e of a sealed 
source, pr ovided the r adia t ion level 12 inches f r om 
the surface of the source container or housing does 
not exceed Five millirems p er hou r . 

(2) Rooms or other areas in hos p i t als are n ot r equired t o 

be p os t ed wi t h caution signs and c o n tr ol of entrance 
or access there to , pu r suan t to Rule .0411(c) o f this 
Sec t ion, — because — of the — presence — of patien t s 
containing radioac t ive ma t erial provided t ha t the r e 
ai 'c personnel in attendance wh o will take the 
precau t ions necessary t o pr event t he exposure of any 
individual to r adiation or radioac t ive mate r ial in 



.0415 PICKING UP: RECEIVING: AND 
OPENING PACKAGES 

(a) — Each licensee or regist r an t who expects to receive a 
package c o ntaining quanti t ies of r adioactive mate r ial in excess 

of the Ty p e A quantities specified in Rule .0113 of this Chapter 

- 1- - 11 ■ 
snail' 

f+) If the p ackage is to be delivered to the licensee's or 

registran t 's facility by the carrier, make arrangements 
to r eceive the p ackage wh e n it is offered fo r delivery 
by the car r ier; o r 

(2) If the p ackage is to be picked up by the licensee or 

r egist r ant — at — the — carri er 's — t e r minal, — mak e 

ar r angem e nts to r eceive no t ification f r om the carrier 

of the aiTival of the p ackage, a t t he t ime of ar r ival. 

fb) — Each licensee o r registran t who p icks up a packag e of 

radioac t ive material f r om a car r ie r 's t tnuiiial shall pick u p the 



excess 
S e ction 



of t he limi t s es t ablish e d in the Rules of t his p ackage ex p editiously upon recei p t of notification f r om the 

carrier of i t s arrival. 

(c) Each licensee or regis tr an t , u p on recei pt of a p ackage of 
radioactive ma t erial, shall monit o r the exte r nal surfaces of th e 
p ackag e for r adioac t ive contamination caused by l e akage o f the 
r adioac t ive contents, exce p t tha t the following are not required 
t o be moni t ored: 



f3^ Caution signs are not re qui re d to be p osted in areas 

or rooms c o ntaining radioac t ive ma t erial f or p eriods 
of less than eight hou r s provided that : 

■is) The material is c o ns t antly a tt ended during 

such periods by an individual who shall t ake 
t h e pre cautions necessary — t o p revent t he 
exposure of an individual to r adiation o r 
radioactive material in excess o f the limits 
e stablished in this Sec t i o n; and 

■(b) the area o r roo m is subject t o t he licensee's o r 

regis t rant's con tr ol. 

f4j A r oom or o t her area is n o t required to be p o sted 

wi t h a cau t i o n sign, and con tr ol is no t re qui r ed fo r 
each entrance or access p o int t o a room o r othe r ai - ea 
which is a high r adia t i o n ar e a solely because o f the 
pr esence — of — r adioac t ive — material — prepared — for 
t r ans p o r t and p ackaged and label e d in acco r dance 

with regulations of — the Depar t men t of 

Transportation. 



Authority G.S. 104E-7. 

.0413 CONSTRUCTION OF PERSONNEL 

Inst r uctions — requi r ed — for — individuals — working — in — or 
f r equenting any portion of a r estricted area are s p ecifi e d in Rule 
.1003 of this Chap t er. 



(+) — p ackages con t aining less t han on e 
ganuna emitting r adioactive 



or- 



millicurie of beta 
mate r ial or ten 



Authority G.S. 104E-7. 

.0414 STORAGE OF SOURCES OF 
RADIATION 

(a) Sources of radiation shall be secured . 



unauthorized 



against ' 
r emoval from the place of storage. 

fb) — Sou r ces of radiation in an unr e stricted ai ' ca and no t in 
sto r age shall be tended unde r t he constant su r veillance and 



mic r ocuries of alpha emitting radioactive mat e rial; 

(5) p ackages containing n o more than te n millicuries of 

r adioac t ive mat er ial consisting solely of tri t ium, 
carbon-14, sulfiir-35, or iodine-125; 

t3j p ackages containing only r adioactive mate r ial as 

gases o r in s p ecial form, 
(4) — p ackages con t aining only r adioac t ive material in 
ot he r t han liquid form including Mo- 99 /Tc- 99 m 
gene r at or s, and not exceeding the Ty p e A quan t i t y 
limit s p ecified in Rule .0113 of this Cha p te r ; and 

(5) p ackages — containing — orriy — r adionuclides — with 

half-lives of less than 30 days and a t otal quantity of 
no mo re than 100 millicu r i e s. 
The monitoring shall be p e r formed as soon as pr acticable after 
r ecei pt , but no la t er than t hree hours af t er the p ackag e is 
r eceiv e d at the licensee's facility if r eceived during the 
licensee's iioiiiial working hours, or within 18 hours after 
r ecei pt if received after normal working hou r s. 

(d) If removable r adioactive contamination in excess of 0.01 
mic r ocurie o r 22,2(X) disinteg r ations p e r minute p e r 100 square 
cen t imeters of packag e su r fac e , is found on the external 
su r fac e s of the p ackage, the licensee shall immediately notify 
the fmal delivering cai -r ier and, by telephone and by telegraph, 
mailg r am or facsimil e , the agency. 

fc) — Each licensee or registrant, u p on r ecei pt of a package 
containing quantities of radioac t ive ma t erial in excess of the 
Ty p e A quantities s p ecified in Rule .0113 of this Cha p te r , other 
than those t r ans p ort e d by e xclusive use vehicl e , shall monito r 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



771 



PROPOSED RULES 



the radiation levels external to the p ackage. Th e p ackage shall 
b e monitored as soon as prac t icable afte r r eceipt, bu t no la t er 
than three hours after the p ackage is re c e ived a t t he licensee's 
facili t y if r eceived during the licensee's iiuiuial working hours. 
o r within 18 hours afte r r ecei pt if re ceiv e d afici ' noimal 
woiKiiig hou r s. 

( f) If radiation l e v e ls are found on th e e xternal su r face of the 
package in excess of 200 millir e m p er hour, o r a t t h r ee feet 
from the external su r face of the p ackage in excess of ten 
millirem per hour, th e licensee or r egist r ant shall immediat e ly 
noti f y, by tele p hone and by te leg r a p h, mailg r am o r facsimile, 
t he final delivering car r ie r and t he agency. 

(g) Each licensee or regis t ran t shall establish and maintain 
procedur e s fo r safely opening packages in which r adioactive 

cedu r es are 



matenal is r eceived, and shall assure t nat t nese pr oce 
followed and tha t due conside r a t ion is given to special 
instmc t ions for the ty p e of p ackage being o p ened. 



Authority G.S. 104E-7. 

.0416 W.ASTE DISPOSAL 

fa^ — N o licensee shall dis p os e of any r adioac t ive material 
e xc ept: 

Hi by transfe r t o an authorized re ci p i e n t as p r ovided in 

S e ction .0300 of this Cha p te r , o r 

<-?i as autho r iz e d p u r suant t o the provisions of this Rule 

o r Rule .0407 of this S e ction. 
ftt — Any p e r son may a pp ly to the agency fo r a pp roval of 
p ropos e d pr ocedu r es t o dis p ose of r adioactiv e mat er ial in a 

manne r no t othe r wise authoriz e d in this S e c t ion. Each 

applican t shall include : 

Hi a d e sc r i p tion of t h e r adioac t iv e ma ter ial, including 

t he quan t i t ies and kinds of r adioactive ma t e r ial and 
l e v e ls of r adioac t ivity involved, and t he pr o p osed 
manne r and conditions of dis p osal: 



(^ 



wh ere approp r ia t e, an analysis and evaluation of 

p e r tinent information as to: 

(Ai the na t u re of t he environmen t . — including 

t o p og r a p hical, geological, meteo r ological, and 

hyd r ological characteristics: 

f g r ound and su r face wate r s in the 



m- 



usage o 
gene r al a re a 



f^r) the nature and location of othe r p ot e ntially 

affected facilities: and 
t&) p rocedures to be obse r ved to minimize the r isk 

of unexpected o r haza r dous e x p osu r es. 



(c) The agencv will not . 



approve any a pp lication to r a lic e nse 
to r eceive r adioactive mate r ial from othe r p e r sons fo r dis p osal 
on land not owned by th e state o r th e fede r al gove r nment. 

tdl — No licensee shall discharge radioactive ma t erial into a 
sanitaiT sewe r ag e system unl e ss : 

Hi It is r eadily soluble or dispersible in water; 

t^i The quantity ' of any r adioac t ive material released into 

the syst e m by th e licensee in any one day do e s no t 
exceed tlie large r of Sub p aragra p hs (d)(2)(A) and (D> 
of this Rule. 
(tV) the quanti t y which, if diluted by th e ave r ag e 



daily quantity of sewage re l e ased into th e 
sewe r by the licensee, will r esult in an ave r ag e 
concent r ation not g r eater than th e — limits 
specified in Table I, Column 2 of Rul e 
.0423(a) of this Section; o r 

f&) ten t im e s the quantity of the r adioactive 

ma t eria] s p ecified s\ tlie tabl e in Rule .0424(a) 
of t his S e ction. 



f3^ The 



quantity of any r adioac t ive mate r ial r eleased in 
any on e month, if diluted by the ave r age monthly 
quantity of wate r r el e ased by the licensee, will not 
result in an average concent r ation exceeding the 
limits s pe cifi e d in Table I, C o lumn 2 of Rule 
.0423(a) of this Sec t ion. 

f4^ The g r oss quan t i t y of lic e nsed and othe r radioactive 

material, — excluding hyd r ogen-3 — and carbon- 14, 
r eleased into the sanitary sewe r age system by the 
licensee does no t exceed one c urie p e r year. — The 
quantities of hyd r og e n-3 and carbon-14 r eleas e d to 
t he sanitars ' s e w er ag e system may no t exceed five 
curies p e r year f or hyd r og e n-3 and one cu r ie p er year 
fo r carbon-14. 

(5^ Exc re ta — ftmn — individuals — unde r going — medical 

diagnosis o r th er a p y with r adioactive ma t e r ials ar e 

exempt f r om any limitations contained in this Rule. 

fe^ — No lic e nsee shall dis p ose of r adioac t ive mate r ial by 

burial in soil exce p t as s p ecifically approv e d by the agency 

p u r suan t to (b) of t his Rul e . 

(f) No licensee shall incine r a t e r adioac t ive ma t erial for the 
p u rp ose of dis p osal or preparation fo r dis p osal e xc ep t as 
s pe cifically a ppr ov e d by the agency pu r suant to (b) of this Rule 
and Rule .0407 of this Section. Rule .0348 of this Cha p t er 
imposes — additional — r equi r ements — for — r adioac t ive — waste 
pr oc e ssing faciliti e s whi c h include incine r ation. 

(g> The Commission o r i t s designee shall conduct a p ublic 
hearing in any county in which a p e r son pr oposes t o o p e r ate a 
r adioactive waste processing facility o r a r adioac t iv e wast e 
dis p osal facility ' , as d e fin e d in Rule .0104 of this Cha p te r , o r to 
e nlarge an existing facili t y fo r such processing o r dis p osal. 
Rules governing this hearing shall b e thos e found in ISA 
NCAC^ID .0200^. 

ftr) — Any licensee may dis p os e of the following lic e ns e d 
mat e rial without re gard to its r adioactivity : 

Hi 0.0 5 mic r ocurie o r less of hyd r ogen-3, carbon-14 

and iodine- 125 per gram of medium, used fo r liquid 
scintillation coun t ing; and 

ift) 0.05 mic r ocurie o r less of hyd r ogen-3. earbon-I4 o r 

iodine- 125 p e r g r am of animal tissue ave r aged over 



thc- 



/ided howeve r . 



weigh t ot the e ntire animal; pr ovi 
such tissu e may not b e dis p osed of in a manne r tha t 
would pcrii ' iit its use e ithe r as food fo r humans o r as 
animal feed. 



rii — N o thing in 
r e s p onsibility for : 



(h) of this Rul e r elieves t he licensee of 



Hi maintaining reco r ds showing the receipt, transfe r and 

dis p osal of r adioactiv e mat er ial as r equi r ed in Rule 
.0417 of this Section: and 



772 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



PROPOSED RULES 



(2) — com p lying with other a pp licable federal, state and 
local — regulations g o ve r ning any othe r toxic o r 
haza r dous proper t y of t he ma t erials s p ecified in (h) 
of this Rule. 

Authority G.S. 104E-7(2), (5). 

.0417 RECORDS 

fa-) — Each liccusce or regist r ant shall main t ain r eco r ds 



ty p e of re co r d, th e r e t ention pe riod specified in t he rules in this 
Secti o n for such r eco r ds shall ap p ly unless the agency, p u r suant 
to Rule .0106 of this Ch^te r , has g r anted a specific exemption 
from the record r etention r equirem e nts specified in the r ules in 
this Section. 

(h) The disc o n t inuance of o r curtailment of activities, d oc s 
not r elieve t he licensee o r registran t of res p onsibility f o r 
r e t aining all r eco r ds required by this Rul e . — A licensee or 
r egis tr an t may, howeve r , r equest the agency t o acce p t such 



showing the radiation exp o sures of all individuals fo r whom re co r ds. The acceptance of the r eco r ds by the agency r elieves 



p e rsonnel monit o ring is requir e d under Rule .0410 o f t his 
Sec t ion. — Such records shall b e kept on a ppr o pr ia t e form(s) 
provided by the agency in accordance with t he inst r uctions 
contained in that form, or on cleai ' and legible records 
containing all t he informa t ion r equi r ed by t he ag e ncy form. 
The doses entered ou the forms or records shall be f or p e r iods 
of time no t exceeding one calendar quarte r . 



the licensee o r r egis t rant of subsequen t r e sp o nsibility only in 
respec t to thei r pre s er vation as r equi r ed by this Rule. 

Authority G.S. W4E-7(2); 104E-12(a). 

.0418 REPORTS OF THEFT OR LOSS 

Each licensee o r registran t shall re port by tele p hone and 



of 



(b) Each licensee o r regis tr ant shall maintain r eco r ds in the t elegraph t o the agency th e theft o r l o ss o f any sou r c e 

r adiation immediately afte r the occu rr ence becomes known to 
the licensee o r registrant- 



same units used in this Section, sh o wing the r esults o f surveys 
requi r ed by Rule .040 9 of this S e c t ion, monitoring r equi r ed by 



Rules .0415(c) and (e) of this Sec t i o n, and dis p osal made 
p u r suan t to the p r ovisions of Rule ■0416(b) and (d) of this 
Secti o n. 

fc) — Reco r ds of individual exposure t o r adia t ion and to 
r adioactive ma t erial which must be main t ained p u r suan t to t he 



Authority G.S. 104E-7. 

.0419 NOTinCATION OF EVCmENTS 

(a) Each licensee o r r egist r an t shall immedia t ely no t i f y t h e 



of (a) of this Rule and r ecords of bioassays, ag e ncy by tele p hone and teleg r a p h of any inciden t involving 



provisi o ns 

including r esults of whole b o dy coun t ing examina t ions, made 
pursuan t to Rule .0400 o f this Sec t i o n shall be pr es er v e d until 
the agency au t ho r izes dis p osi t ion. 

(d) Reco r ds of the r esul t s of surveys and moni t o r ing which 
mus t be main t ained p u r suant t o (b) of this Rul e shall be 
pr ese r ved fo r two yeai ' s af t e r c o m p le t ion of t he su r vey exce pt 
tha t the following records shall be maintained until the agency 
autho r izes t heir dis p osition : 

(+) r ecords of the r esul t s of su r veys t o de t ermine 

com p liance wi t h Rule .0404(a) of t his S e c t ion; 

(2) in the absence of p e r s o nn e l m o ni t o r ing da t a, r eco r ds 

of the resul t s of surveys t o determine external 
r adia t ion dose; 

0) records of t he r esul t s of surveys used to evalua t e t he 

r elease of r adioac t ive effluents to t he envi r onmen t; 

(4) records of licensed r adioactive ma t erial which is 

dis p osed of p u r suant to p r ovisions of Rule .0416(b) 

and (e) of this Sec t ion shall be maintained until the 

agency authorizes t hei r dis p osition. 

fe) — Reco r ds of dis p osal of radioactive mate r ial made 

p u r suant to Rule .0416 of this Section shall be main t ained until 

the agency autho r izes thei r dis p osi t ion. 

(f) — Reco r ds which mus t be main t ained pursuant t o this 
Section may be tlic o r iginal or a reproduced co p y or microform 
if such r e pr oduced copy or microform is duly authen t icated by 
authorized p e r sonn e l and th e nTicroform is capable of pr oducing 
a clear and legible copy after sto r age fo r t he p e r iod specified by 
agency r ules. 

tg) — If the r e is a conflict between the agency r ul e s in t his 
Section, license condition, or other w r itten agency a pp roval or 
authorization p e r taining to the r e t ention p eriod fo r t h e sam e 



any sou r ce of r adia t ion possessed by him and which may have 
caused or t hreatens to caus e: 

tii a dose to t he wh o le body of any individual of 25 

rems or m or e ; a d o se to t h e skin of the wh o le body 
of any individual of 150 r ems or m o re; o r a dose t o 
t he feet, ankles, hands, o r foreaiins of any individual 
of 375 rems or mo r e; 

(2) the r elease of r adioac t ive mate r ial in c o ncent r a t i o ns 

which, if ave r aged ove r a peri o d o f 24 hours, would 
exceed 5,000 times the limi t s s pe cifi e d for such 
materials in Table II in Rule .0423(a) of this Sec t i o n; 

f3) a loss of on e wo r king week or mo r e of t he o p e r a t ion 

of any facili t ies affected; o r 

(4) damag e to pr o p e rt y in e xcess of $200,000. 

(b) Each licensee o r r egis tr an t shall wi t hin 24 hours no t ify 
the agency by telephone and telegra p h of any incident involving 
any sou r ce of r adiation p ossessed by him and which may hav e 
caused o r th r ea t ens to cause : 

t+) a dos e to th e whole body of an individual of five 

r ems o r mo r e ; a dose t o t he skin of the whole body 
of any individual of 30 r e ms o r mo r e; or a dose t o 
t he feet, ankles, hands, o r for e ai ' ms of 75 r ems or 
more; 

f2) t he r elease of radioactive ma t e r ial in concen tr a t ions 

which, if ave r aged ove r a p e r iod of 24 hou r s, w o uld 
e xceed 500 times the limits s p ecified fo r such 
ma t erials in Tabl e II in Rul e .0423(a) of this Sec t ion; 

(3) a loss of one day or more of t he o pe ration of any 

facilities affected ; o r 

(4) damag e t o p r op e rty in exc e ss of $2000. 

(c) Any r e p ort fil e d with th e ag e ncy p u r suant to this Rule 



12:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



773 



PROPOSED RULES 



shall be prepared in such a manne r tha t names of individuals 
who have received excessiv e doses will be stated in a se p ara t e 
pail of the r e p o r t. 

Authority G.S. 104E-7. 

.0420 OVEREXPOSURES AND EXCESSIVE 
LEVELS AND CONCENTRATIONS 

(a) In addi t ion t o any no t ifica t ion re qui r ed by Rule .041 9 of 
this Sec t ion, each licensee or r e gist r an t shall make a r e p o r t in 
wri t ing within 30 days to t he agency of : 

t+i each exposu r e of an individual t o radiation o r 

concen tr a t ions of radioactive mate r ial in excess of 
any a pp licable limi t as set fo rt h in t his Section o r as 
o t he r wis e ap pr oved by the agency ; 

(2j any inciden t for which notifica t ion is re qui re d by 

Rule .041 9 of this Section ; 

i^j l e v e ls of radiation o r concentrations of r adioac t ive 

mate r ial in an unrestric t ed area in excess of ten times 
any ap p licable limi t as set fo rt h in t his Sec t ion or as 
oth er wise approved by the agency, bu t not involving 
e xcessive exposu r e of any individual. 



(b) Each 



r equi r ed under this Rule shall desc r ibe the 



individual's dos e . — Th e r ep ort shall be p repai -e d s o tha t this 
iiifoi ' ina t ion is sta t ed in a se p ara t e part of the r e p ort. 

Authority G.S. 104E-7. 

.0421 VACATING PREMISES 

No less t han 30 days before vaca t ing o r r elinquishing 
p ossession o r cont r ol of pre mises which may have been 
con t aminated with r adi o ac t ive ma t e r ial as a resul t of his 
ac t ivi t ies, each s p ecific licensee shall noti f y t he agency in 
w r i t ing of inten t to vaca t e. — When deemed necessa r y by the 
ag e ncy, the lic e nsee shall decontaminate the pr emises in such 
a mann er as the agency may speci f y. 

Authority G.S. 104E-7. 

.0422 NOTIFICATION AND REPORTS 
TO INDIVIDUALS 

(a) Requi r emen t s f o r no t ification and re p or t s t o individuals 
of ex p osu r e t o r adia t i o n o r r adioactive ma t erial are specifi e d in 
Rule .1004 of this Cha p t er . 

tbi — When a licensee o r r egis tr an t is r equi r ed p ursuant to 
Rul e .0420 of this Section to repor t to t he agency any ex p osure 
of an individual t o r adiation or r adioactive mate r ial, th e 
licensee o r r egis tr an t shall also notify the individual. — Such 
notic e shall be t ransmit t ed a t a t ime no t la t e r t han t h e 
transmittal to the agency, and shall comply with the provisions 
of Rul e . 1004(a) of this Chapter. 



r ep ort r equi r 
ex t en t of ex p osu r e of individuals to r adiation o r to r adioac t ive 
ma t erial, including estimates of each individual's dos e as 
re qui r ed by Sub p arag r a p h (a)(1) of this Rul e ; l e vels of r adia t ion 
and concent r ations of r adioactive mate r ial involv e d: th e cause 
of ex p osure, levels of concen t rations, and co rr ective ste p s taken 
o r p lanned to assure agains t a r ecu rr ence. 

(c) Any repo rt fil e d with the agency pursuan t to this Rule Authority G.S. 104E-7: 104E-12(b). 
shall include, fo r each individual e x p osed, the name, social 
s e curi t y numbe r , and date of bi r th ; and an estimate of t he 

.0423 REFERENCE CONCENTRATIONS IN AIR AND WATER 

(a) The following table consis t s of r efe r ence concentra t ions of r adioactiv e mate r ial above natu r al background in ai r and wa t e r 
f o r us e in conjunc t ion with the Rules of this Cha p ter. 



Hi 



CONCCNTRATIONS IN AIR AND WATER ABOVE NATURAL BACKGROUND 



Element 



(a t omic 



Table I 



Table II 



Column 1 



Column 2 



Column 1 



-Att- 



Wat er 



-krr- 



Column 2 



Wat er 



number) 



Isotope 



(uCi/mJ) 



(uCi/ml) 



(uCi/ml) 



(uCi/ml) 



Actinium (89) 



Amcricium (95) 



Ac 227 



Ac 228 



Am 241 



Am 2 4 2m 



Am 2 4 2 



Am 2 4 3 



-^*W^ 



-^*40^ 



-S^tW'* 



2*W^ 



-6*W^ 



h^ 



■te- 



-6?f40^ 



-4*W^ 



-^^W 



-4*4^'* 



-6*W 



"^*4^*" 
"4*W^ 

"4*40'^ 



~,i Y 1 rf*~ 
"4*40'*" 



~° Yir >""~ 
"9*40^ 
-^*40^ 
~6xlO"^*^ 
~3*4«'^ 
~'1xlO^^^~ 
~2 xl O^*^~ 
■"9*4«^ 
"■4*4«^ 
-2*40^ 
"5*40^^ 



"5*40=* 

~ r>« 1 n ^ 

~ 0y 1 (\^ 
\f\ \.\J 

"jjrlA^ 

■TA WJ 

~ri Y in'* 

■TA 1 \J 

" 9x1 0^ 
"4*4«=* 
"4*40" 

*TA l.\j 



774 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



PROPOSED RULES 



Argon (18) 



Beryllium ( 4 ) 



Calcium (20) 



Am 2 44 



■ Antimony (51) Sb 122 



Sb 12 4 



Sb 125 



Ar37 



Ar 4 1 



Aracnic (33) As 73 



As 7 4 



As 76 



As 77 



Astatine ( 8 5) At 211 



Barium (56) Ba 131 



Ba 1 4 



Berkelium (97) Bk 2 4 9 S- 

i_ 



Bk 250 



-%Q-^ 



Bismuth (83) Bi 206 S- 



Bi207 



Bi210 



Bi212 



Bromine (35) Br 82 



Cd 115 



■fH- 



Cd 115 



Ca 4 5 



Cq 4 7 



Californium (98) Cf 2 4 9 



Cf250 



Cf251 



-4*W^ 



^«- 



-4*40^ 



-^*W*" 



-^*iO^ 



^HkW^ 



2*W^ 



-^*i«^ 



-5*W 



4*W*" 



-Stib 6*40^ 



-S«b 3*40^ 



-^*W 



-4*40^ 



-**W^ 



-4*W 



-4*W^ 



-4*W^ 



-^*W 



-4*+©^ 



-7*W 



-5*40^ 



-4*W*" 



-4jtW^ 



-4*40^ 



-4*40^ 



-9*40^ 



*s- 



-4*40-^ 



-4*4«^ 



-4*4©" 



-6*40'* 



-4*40^ 



-5*4«^ 



-4*40'' 



-^*40'' 



-4*40^* 



-^*40'' 



-6*40=* 



-4*4©'' 



-^*40'^ 



-4*40'' 



^40" 



1 Z.AHJ 

Cadmium ( 4 8) Cd 109 S 5*40' 



^^440" 
-4*40"* 



-4*40" 



2*40'" 



2*40'^ 



-^*40'* 



-4*40-^ 



3*40'^ 



-5*40" 



-4*40" 



-4*40^ 



i«- 



-5*40' 



4*40-^ 



3*40'' 



-4*40-^ 



~ Ry 1 o ^^ 
"4*40'^ 
"4*40'^ 



UA i U 

~Ov in"* 

UA 1 W 

~;^i40'* 

~;4t40'* 

~'K Y 1 O ^ 

~ ^ V 1 n^ 

-7A l\j 



~4*40'^ 

"" 1 V 1 0^^" 

1 A 1 W 

~2*40'^ 
~2*10'^ 

WA 1 U 

~ 6xl0 '*~ 
~2*40'^ 
~5*40'*~ 
"5*40'^ 

Jl A 1 V 

~§*40'^ 
~ 5 X 1 '^~ 

UA 1 W 

"7*40'^ 

jH A ILf 

"3*40'^ 



^^ 



~ft Y 1 n^ 

UA i U 
UA 1 U 
-^A 1 U 

~ 5xl 0'^~ 
-4*40'^ 

~ 1 » 1 r\ ^^~ 

1 A ILf 

~3*40'*~ 
■"2*40'^ 
"4*40'^ 

1 A 1V7 

"4*40'^ 

1 A 1 W 

~9 v in ^^~ 

OA 1 V/ 

"4*40"^ 
"5*40'*" 
"§*40'^ 
~ 7y i n'*~ 

f A 1 U 

"7*40'^ 



4*40'^ 
~ 1 X 1 0'^ 



~ i Y 1 n ^ 

J A 1 U 

~5*40'^ 
"4*40"^ 
"4*40'^ 
"4*40=^ 
"7*40'*" 

~A Y 1 0^=*" 

"7*40'*' 
~4*40'*~ 
~8*40'^ 



Ay 10^^^ 

^A I V/ 

"4*40'^ 

~Av 1 0^ 

*TA iXJ 
UA lU 

~5*40'*~ 
"5*40'^ 
"7*40-^ 
~2*40'*~ 
~ 0y 1 n ^^^~ 

VA ILf 

-4*40'^ 



-4*40'* 



~7*40'*~ 
■"4*40'*~ 
"4*40'*" 
~'1 X 1 0'^ 

TA 1 U 

"IxlC^ 

~2*40'*~ 

~4*40'*~ 

iA IV 

"4*40'^ 

~1xlQ'^ 

~4*40'*~ 

~r1 Y 1 n'^ 
*TA lU 

"4*40'^ 



-7A rr^ 

~Ay in^^~ 

""SfrW^ 

~^ X 1 0'^~ 

-3*40'^ 

~1xl0'* 

~6xl0'^ 

"5*40'^ 

~6xl0'^ 

-S*40'^ 

-2*40-^ 

-3*40-^ 

^A I VT 

"7*40'^ 



~4 X 1 0'* 



UA 1 U 

-3*40'^ 
" BxlC ^ 
"4*49'*" 



-4*40'^ 

~O v \C \^*^~ 
tTATt? 

-4*40'^ 

"A V 1 O'^"" 

•TA ILf 
vjA i.\J 

~6xl0'^~ 
"5*40^ 

J A 1 U 

~T y 10 ' 

Z.A lU 



-J A 1 U 

~^y in^"~ 

UA 1 U 
J A i U 



-J A 1 U 

~ g „ 1 ri ^ 

J A lU 

~ 5xl 0'^ 

~a y 1 =* 

-^ A 1 U 

~ T y 1 r i'* 

-^ A 1 U 

"3*40'* 
"3*40'* 
~ 1 y 1 n'* 

1 A lU 

"4*40'* 



-TA IV 
J A lU 

_7A IV 

Sy lO^ 

•^ Al V 

""3*40'* 

~3*40'* 

S xlO '* 

9y m ^ 

UA 1 U 

2 x1 0'* 
~7*40'* 
~2 xl0 '* 
""3*40" 

3x10 °* 

""3*40'* 

UA i U 

~<^y in°* 

UA 1 U 

i.A i U 

~T y 1 n°* 

i-A lU 

~ T „ 1 rr > 

i«A 1 U 

~ T ., 1 n 'J 

i.A 1 U 

~1xl0'* 

~/1 y 1 O^ 

■TA lU 

~6xlQ'* 

~^y 10'* 

UA 1 U 

~ /l ., 1 A ^ 
t A 1 U 

~1 X 1 C* 

T A 1 U 

""'1x10'* 

J A 1 U 

"'I X 1 0'* 

"2x10'* 
"3*40'* 

~7 y 1 ^ 

^ A 1 U 

" 3x1 '* 

-J A lU 

~'1 X 1 0'* 

" 9x10 ''* 

^A i U 

~S y 1 0°* 
-^ A lU 

~^y 10°* 

-^ A 1 U 

~1 X 1 0'** 
"3*40'* 



~ 1 X 1 0'* 

~T y 1 0°* 
J A lU 

~^ Y 1 a* 

■TA 1 U 

~T y 1 n°* 

-J A 1 U 



12:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



775 



PROPOSED RULES 



Carbon (6) 



Cerium (58) 



Cesium (55) 



Chlormc(17) 



Chromium (2 4 ) 



Cobalt (27) 



Copper (29) 



Curium (96) 



Cf 252 



Cf253 



Cf 25 4 



-G44- 



[CO (2)] 



Co 1 4 1 



Co 113 



Cc 1 44 



Cs 131 



Cs 13 4 



■ffl- 



Cs 131 



Cs 135 



Co 136 



Cs 137 



CI 36 



CI 38 



Cr51 



Co 57 



Co58i 



•m- 



Co58 



Co 60 



Cu6 4 



Cm 2 4 2 



Cm 2 4 3 



Cm 2 44 



Cm 2 4 5 



Cm 2 4 6 



Cm 2 4 7 



Cm 2 4 8 



Cm 2 4 9 



-2*W^ 



-4*W 



^*- 



-S^+O'*^ 



-8*4^-*- 



-^*W^ 



-5*40^ 



-A^iW 



-Sttb 5*19'^ 



-4*W^ 



-^*W^ 



-^jrtO"* 



-4*40*" 



1*W^ 



-6*W 



}*W* 



-ly in'* 

— J A 1 U 

-4*W^ 



-6^tW*" 



-4*W*" 



-4*W^ 



-^s+9' 



-9?i+0^ 



-4*W^ 



-4*W^ 



-feiO^ 



-4*W^ 



-4*W^ 






-4*W*" 



i*W^ 



W-* 



-^*+«^ 



-^*W 



-4*W^ 



-9*W^ 



-8*+e" 



-5*W^ 



-4*W 



-9*+9^ 



-5*i«^ 



-+*4«^ 



t*W^ 



l>tW^ 



■te- 



-6*W"^ 



+*+0^ 



-9*W^ 



4*W^ 



i«- 



-^*W^ 



4*W^ 



-»- 



-^*W 



JHk¥S 



-te- 



-^*4«^ 



4*4«^ 



-6*W^ 



1*W^ 



-4*4^*" 



~7*W^ 

~ 7 Y 1 O "*" 

~r1 Y llT^" 

~fi Y 1 n'^ 

TA 1 TJ 

~1xlO^*~ 
~4y in'*^ 



J A IV/ 

~ 3xlO '*~ 
~ 7xlO ^^~ 



J A 1 V/ 



"hf40*" 



■"ajtio'*" 

J A 1 U 



~;^*4«^ 



~fi y 1 f y *~ 

T A 1 U 

~o Y 1 n ^^~ 

i_ A 1 U 

~4^f40^ 

i A 1 L/ 

~(; Y 1 n'^" 

UA 1 LJ 

"1x 10 "^" 

_) A 1 U 

~6?t+0^ 
~9 y in ''*~ 

OA I U 

~8*W^ 
~9 y in ^^~ 

OA 117 

~6;i(4«'^ 



Ay 10' 

■TA IT? 



4x1 0'^^" 
~^ Y i n "^^ 

J A T\7 
J A IV/ 

~3*4^'^ 
"2*40"^ 
~4*4«^ 
-4*40"^ 
~3*4«^ 

~ 0y 1 ( S^ 

-7*4«^ 
~ 7Y in"^^ 

J A ITJ 

-3*40^ 

~/1 Y 10^ 
•TA t\J 

~+*40'^ 
~+*4«^ 
"3*40^^ 
~4*4«*~ 

~r1 Y 1 O^^**" 
T A 1 U 

~2*4«^*~ 

J A 1 V7 

"4*4«"*~ 
~ Ay 1 n'^ — 

VJA 1 U 

-2*4^^ 
~'i Y i n "^^ 

J A ILf 

~4*4«^*~ 
~ 0y 1 n"^ 



7*4^^ 
~1 X 1 0^ 

U A 1 U 

"4*40^^ 
~6xlO''*~ 
~f,Y in^ 

UA 1 U 

~ ?Y 10"^ — 
-J A 1 VJ 

~ ?Y i n'^ 

-f A 1 W 

"3*4^^ 
~ 1 V 1 n"^ 

I A IV 

" ^yI O"^^ 

-7A IVT 

"7*40^*^ 
~1 X 1 0^ 



4*40' 
~ f;Y in' 

VJA 1 VJ 

~2*40' 



•3 V 1 ^'^ 

JT A 1T_T 
JtA IV 

~ 7y 10 ' 

JA lU 

~3*4«' 



/I Y HV 
■TA IV 

"3*40^ 



iiv in^'^ 

•TA IV 

"3*40"** 

~i1y 10"^ 
■T A 1 V 

~3*40^ 

~/| Y 1 iT^ 

t A 1 VJ 



1x1 0"'^ 



"3*4^'* 
"4*4^" 
1x10'* 
"4*40^ 
'4*40'' 
"8*40=* 



~ 0y 1 A ^ 

VA IV 

~ 0y 1 n ^ 

^ A 1 V 
■TA IV 

Ay \(\^ 

■TA IV 

~4*40'* 
IxlO'^ 
2 x10 °^ 

~ n„ 1 A ^ 

J A 1 VJ 

~6*40^ 
~4*4«^ 

~ 0y 1 ( \* 
J A 1 VJ 

~f1 Y 1 (T^ 
TA 1 VJ 

"4*40" 
~2 xlO ^ 

J A 1 U 

~^Y KT^ 
VJA 1 VJ 

~3*4«'* 

■T A 1 V 

~ 9v 1 "^ 

OA IV 
UA 1 V 

~Ay in^ 

^A IV 

~ii Y 1 n^ 

^A HJ 

"3*40^ 
"3*40^* 
~ 5 X 1 '* 

~f1 Y 1 (V* 

TA 1 VJ 

~**40'' 
~2 xlO '^ 
"4*4^" 
~ 0y n y^ 

J A 1 VJ 

~^*4«'* 

J A 1 V 
J A. IV 

~3*4«'* 
~3*4«'* 

~ ^Y 1 ^ 
-7A IV 

~#*40'* 
"3*4^"* 
"7*40* 

~"^ Y 10 ^ 
-^ A 1 VJ 

~ /i.. 1 n ^ 

T A 1 VJ 

"3*40^^ 

■TA IV 

"**40'* 

~i1 Y 1 O'* 
T A 1 VJ 

' y in '^ 

i- A i VJ 

"4x10'^ 
~4*4«'*' 
"■3*4«'* 



77(J 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



Dyaproaium (66) By 165 



Erbium (68) 



Europium (63) 



Fermium (100) 



Flourinc (9) 



Gallium (31) 



Gold (79) 



Hafnium (72) 



Holmium (67) 



Hydrogen (1) 



Indium ( 4 9) 



Indium ( 4 9) 



By 166 



Einsteinium (99) Es 253 



Es 25 4 m 



E5 251 



Es255 



Er 169 



Er 171 



Eu 152 



Eu 152 



Eu 15 4 



Eu 155 



Fm25 4 



Fm255 



Fm256 



-F4*- 



Gadolinium (6 4 ) Gd 153 



Gd 159 



Ga72 



Germanium (32) Ge 71 



Au 196 



Au 198 



Au 199 



Hf 181 



Ho 166 



-4f^ 



In 113m 



In 113m 



In 11 4 m 



-4*W*" 



-^*W 



-3*W 



2*W^ 



3*W^ 



-8*4« 



i«- 



-6*W^ 



-^*W^ 



-6*i©'' 



2*4©^ 



-4*i0^ 



i«- 



-^*W 



-4*4«^ 



-6*40^ 



-4*W^ 



-^hiW^ 



-4*W 



-4?tW^ 



(T/2-9.2hrs) I i*W 



■4*W^ 



(T/2^13yr3) \ 2*W 



^^W" 



-^^tW^ 



-9*W^ 



-^?*W* 



-6*W^ 



-^4eW 



2*W^ 



-4*W^ 



-4*40'' 



2*W^ 



-5*40^ 



-4*40*" 



-^*40'' 



SiiW 



-^*40" 



-4*40'' 



-^*40" 



2*40^^ 



-4*40'^ 



-6*40'* 



-4*40" 



-6*40" 



-4*40" 



-4*40'^ 



4*40" 



-8*40'^ 



-4*40'* 



-^4^40'* 



-4*40'^ 



2*40" 



-^*40'' 



-^*40'*^ 



-8*40'^ 



-8*40" 
-^4t40"^ 



-4*40'^ 



~4*40'^ 
"4*40'^ 
"4*40"^ 
"4*40"^ 

'v 1 0°*" 

I A lU 

"7*40=^ 
~§*40'*~ 
~§*40'*" 

—/I V 1 0"*- 
^A 1 U 

~ ,1 ., 1 A ^*~ 
■T A 1 U 

"S xlO "*" 

UA 1 U 
J A lU 
-J A 1 U 

~ ? T 1 n ^^~ 

J A ILf 

— Ty 10^^^ 
-J A ILJ 

"2*40'^ 
~S*10'*" 
"3*40'^ 



"3*40'*' 
~6*40'^ 

LIA 1 U 

~6xl0'^ 

~ ^ Y 1 ci^^ 

UA 1 U 
t A 1 U 

~'1xlO'^ 
"4*40'^ 
~4*40'^ 
~ "i y 1 n '^^ 

-JA 1 U 

— Ty I Q 'i— 

"2*40'^ 
"4*40'^ 

~^Y 10^^ 
UA 1 \^ 

~^Y \rv^~ 
~2*40'^ 
"2*40'^ 
~4*40'^ 
~ 1 Y 1 n^^~ 

i A i U 

~§*40'^ 
~5 xl0 '^~ 
~5*40'*~ 



"2*40'^ 
"4*40'^ 
~§*40'^ 
~'1xlO'^ 
"2*40'^ 
~3*40'^ 
"9*40'^ 

~ 0y 1 ( X *~ 

"4*40'^ 



"4*40'^ 
~<i V 1 n""^ 

■TA 1 V^ 
•TA IV^ 

"5*40'^ 



■TAlLf 

— Ov in^ — 

VA 1T7 

~7*40'*~ 
~9 Yin '*~ 

o A 1\/ 

~?*40'*~ 

~2*40'*^ 
-3*40-^ 
-3*40-^ 

v/A IVf 
*TA Iv 

~2*40'^ 
~4*40'*^ 
~2*40'*~ 
~4*40'*~ 
~3*40'*~ 
~3*40*~ 
""4*40'*~ 
~ 1 X 1 0'^ 

~(i y 1 rr>^~ 
t A 1 u 

~6xl0'^^ 
-4*4©^ 
-2*40^ 

~ T Y 1 ^ 
JA ILf 

"T V 1 n^^~~ 

JA 1\7 

~3*40'^ 

TTJvTTT 

~i1y in^^^'~ 

T A 1 W 

-4*40-^ 

"3*4©'^ 
~9*40'*~ 

OA ITJ 

- Ty i n '^ — 

^ A IV 

~3*40'*~ 
~4*40'*~ 
~ SxlO '^ 
~^Y 1 n'^ 

UA 1 U 

~1xlO'^ 
-3*40-^ 
~/i Y 1 n^ 

^A 1 V/ 

"3*40'^~ 
~4*40'*~ 



~S xl O'^ 

~A y 1 (\*~ 

*T A 1 U 

— ■ ly 1 '^ 

^ A 1 U 

-4*40'^ 

~ T Y 1 ^^ 
JTA lU 

-7*40'^ 

\TKTT7 

"3*40'^ 
"3*40'^ 

J A i U 



~ 3 X 1 '^ 
"3*40'^ 



~/l Y 1 C\^ 



""3*40'^ 

~t^ X 1 0'* 

~/i y 1 n^ 

^A 1 U 

~/\ Y 1 n"^ 

^A Z U 

"3*40^* 

iA \.\J 

~~-^ V 1 n^ 

^A 1 V/ 

~3*40'* 
~4*40'* 

1 ^ m ^ 

1 A 1 Vf 

~ 3xlO ^ 

J A ILf 

~ 0v 1 0=^ 
-^A IV 

^A IV 

~ 1 V 1 ci^ 

I A IV 

~ 1 Y 1 O^ 
1 A IV 

UA IV 

~^Y 1 n^ 

VA IV 

OA IV 

~ Q Y 1 O '^ 

OA ru 

"3*40^* 
~2 xlO '* 
""3*40" 
"4*40'' 
"4*40'* 
~ 3xlO '^ 

-g y 1 ^ 

-* A 1 U 

— n., 1 n ^ 

-^ A 1 U 

~ 9xl0 '^ 
~ Sxl O'^ 



~§*40'* 

JIA IV 

"3*40" 

~ o., m ^ 

UA 1 U 

~O y in ^ 

UA 1 U 

~1 X I 0'^ 

~A Y 1 (T^ 

^A 1 U 

~ T ., 1 n ^ 

^ A 1 U 

~3*40'* 
"3*40" 
"4*40" 
~§*40'* 
"~ 5xlQ '^ 
"3*40'* 
"3*40'* 
~"'y ht^ 

/ A 1 U 

"7*40'* 

— T y 1 ^ 

-^ A i U 

"3 x1 0'* 

~ Ty K T^ 

_) A 1 U 

~T y in^ 

-* A iU 

"4*40" 
"4*40'* 
"4*40'* 
"3*40'* 



12:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



777 



PROPOSED RULES 



Iodine (53) 



Iridium (77) 



Iron (26) 



Kr^'pton (36) 



Lanthanum (57) 



Lead (82) 



Lutctium (71) 



Manganese (25) 



Mercur>' (80) 



In 115 



>«- 



In 115 



I 125 



I 126 



I 12Q 



I 132 



I 133 



I 13 4 



I 135 



Ir IQO 



Ir 192 



Ir 19 4 



Fc55 



Fe59 



Kr 85 m 
Kr85 



Kr87 



Kr88 



La 1 4 



Pb203 



Pb210 



Pb212 



Lu 177 



Mn52 



Mn5 4 



Mn56 



Hg lQ7m 



Hg 197 



Hg203 



-^*+9'* 



-^*W^ 



*tW^ 



^*W^ 



-4*W* 



-5*i0^ 



-^*iO^ 



-8x4«^ 



-4*W 



-^*4«=' 



-?*W* 



-9*W^ 



-^*W" 



-^*+0^ 



-9*iO' 



4s40* 



3*iO^ 



-^^W-" 



-4*W* 



-4*W^ 



-4*W^ 



-4*W*" 



-4*W^ 



-4*i0^ 



4*W*" 



-^*iO^ 



-9*^" 



-4*W 



-4*W 



-^*W* 



-S«b feW^ 



-S«fe t*W 



-S«b t*W^ 



-S«b l^W'* 



-4*W^ 



-4*W^ 



-^*W 



J^eW^ 



i^W-^ 



-4 2*i«^^ 



-3*i©* 



-^*W^ 



-6friO^ 



-5*W 



-^*W'' 



i*W'^ 



-4*W 



-4*W^ 



-8*W^ 



-^?tW^ 



-^?*W^ 



-8*W" 



4*W*" 



-^*W 



-^?*iO^ 



-4*i0^ 



~ 3 X 1 0^^ 
~3 X 1 0'^ 

t A 1 U 

~6xl0^^ 



~ ri V 1 n ^ 

~ 1 ^ 1 f\ ^y~ 
L A. i\J 

xJn. 1\J 
iA 1 IJ 

i«A 1 U 
•T A 1 U 

~ 7xl0 ^*~ 



~Ay 1 O^^ 

~ 1 V 1 0^"^ 

1 A 1 Lf 

~ 1 x 1 0^^ 
" Qxl O'^" 






"S*W*" 



— >„in ^«- 

( A 1 U 

~4*W^ 

~6x lQ ^''~ 
" Ty i n' 

-^ A 1 W 



" 3x1 0^^ 

~ 1 „ 1 n ^9- 

i A 1 U 

~9*W*" 

"1x10^^" 
~ 1 Y 1 o "'^ 

-J A 1 LJ 

~'l X 1 0^^~ 

~ 3xlO ^^~ 

WA i U 



~ 5xl0 ^ 
~ 0y 1 n'^ 

^ A 1 U 
~ 1 X 1 0^^~ 

~ 3 X 1 0"^ 



"7 x10 "*^ 

~ o ., 1 rv ^ 

UA 1 VJ 

~^Yi n ^ 

*JA l\J 

~ n„ 1 rv ^ 

^ A 1 U 

"4*iO^^ 
~S xlO ^"~ 



"6*40^ 



!/A ILT 

"4*W^*~ 

~2 y IQ '^ 
~1 yIO"*^ 

1 A ILf 

"■4^t40^^ 

~ 7 Y K T^ 

_* A ILJ 

~T Y i n ^ 

-* A 1 U 

~1 x 1 0'^^" 

~6xl0^ — 

"+?i40^^ 

"4*40^^ 

~4*W'*~ 

~4 X 1 Q^ 

"4*40^*" 

^A 1 U 

~ n.. 1 A ^t«- 

^ A 1 U 

~8s4«^^ 

^ A. l\J 

~*?t4«^*~ 



-f A I W 

~§*46^ 



-^*40^ 
-^*4«'*~ 
~§*40^ 
~1 X 1 0^^~~ 

~ n„ 1 A ^ 

-* A 1 U 

~<; V 1 n^ — 

\J\ 1 \J 

~4xlO^*^~ 
~S xIO "^^ 

v7A IV 

~3*40*~ 
~J*4«^*~ 
" 7x10 °^ 

"4*49^~ 
"4*40'*~ 

~T y liT^ — 

"3*40^^ 



~T y 1 iT^ 

~ Ty 1 (T^ 

J A i U 
T A i U 

~ 0y 1 n^*~ 

i_ A 1 U 

~4xlO'^ 



~2 x 1 ^ 
~1xlO'* 
~1xlO'* 

~ n„ 1 n '^ 

-^ A 1 U 

~ 0y 1 n^ 

~ T „ in ^ 

i.A 1 U 

~T V 1 O^ 
i- A 1 U 

~ -} „ 1 n ^ 

-J A 1 U 

~ 0y 1 n ^ 

VJA 1 U 

"2x10"^ 

~ -I „ 1 A ^ 
-J A 1 U 

~^Y in^ 

VJA 1 U 

~° Y H T* 
UA 1 U 

i_ A i U 

~ 1 X 1 Q'* 
"1x10^ 

UA 1T7 
^A 1V7 

"7*40'* 

^A 1 \J 

"3*40'* 
~4xlO^ 

~ /l ., 1 cs ^ 
T A i U 

~ ty i n "^ 

-^ A 1 U 

~1 Y 1 (T* 
_J A 1 VJ 

~ 9y 1 n"* 

UA 1 L/ 

"2 x1 0^^ 

UA i U 

""§*4«^ 



"3*40^ 
""3*40^ 

TA 1 U 

~ixl0^ 
"4*4^'' 

iA lU 

~ ^ „ 1 A ^ 
^A 1 U 

~2 xI 0^ 
"+*4«'' 
"4*W 

jA IV 

^A1T7 

"4*4^" 
"4*4«^ 
"4*40" 
"1x10"^ 
~2 xl0 '* 

~ T ., 1 A ^ 
i«A 1 U 

" ^Y 1 '* 
-J A 1 U 

~ 5xlQ ^ 
"3*40'* 

~ 1 Y 1 "^ 
1 Al U 



775 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



Molybdenum ( 4 3) 



Mo 90 



Ncodymium (60) 



Neptunium (93) 



Nickel (28) 



Niobium 



(Columbium) (11) 



Osmium (76) 



Palladium ( 4 6) 



Phosphorus (15) 



Platinum (7 8 ) 



Plutonium (Q 4 ) 



Nd 1 44 



Nd 1 4 7 



Nd 1 4 9 



Np237 



Np239 



Ni59 



Ni63 



Ni65 



Nb93m 



Nb95 



Nb97 



08 185 



Os 191m 



Os 191 



Os 193 



Pd 103 



Pd 109 



-41^3- 



Pt 191 



Pt 193m 



Pt 197m 



Pt 197 



Pu238 



Pu239 



Pu2 4 



Pu2 4 1 



Pu2 4 2 









-^*«)^ 









-S^W"^ 



-^hM 



-4*i0^ 



-8x40^ 



-6*W^ 



-3*+«^ 



-9*W^ 



-4*4^"' 



4*W^ 



-^*W 



-4^440 



-4*40^ 
-6*40*" 



-4?eW*" 



-4*W^ 



■4*40^ 



-9*40*" 



-4*40*" 
-4*40^ 



-4*40 



-^*40^ 
-4*40*" 



■^4t40^ 



-6*40^ 



-4*40^ 



-^?*40"*" 



-8*40"* 



-8*40 



-§*40^ 
-^i*40*' 



-4*40*" 



-6*40*" 



-4*40^ 



-8*40^ 



-6*40^^ 
-^*40'^ 



-4*40^ 



-4*40"^ 
-4*40^ 



-4*40"^ 



-4*40"^ 



-9*40^ 



-4*40^ 



-^*40"' 



Pu2 4 3 



-4*40"^ 
-^*40*" 



"5*40^ 
"4*40^ 
'3*40"^ 
"2*40"^ 
""2*40*" 
"2*40*" 

UA 1 KJ 

~ 0y 1 o ^^ 
~ 9xl0 *" 

■TA I L/ 
T A 1 U 

~fi Y 1 (T^ 
UA 1 U 

yj\ 1 u 

~ Sxl 0''*~ 
"2*40"*" 
"1x1 0*" 

"4*40*" 
"4*40*" 

_^ A I W 
_l A 1 U 



~ 3 X 1 *" 

-J A 1 U 

"2*40*" 
"2*40*" 
■"7*40*" 
"7*40*" 
"5*40*" 
~S y in'^" 

J A 1V7 

"2*40*" 
"2*40*" 
"4*40*" 

UA 1 U 
^ A I U 

~? Y 1 C f^~ 
i^\ 1 u 

"5*40*" 
"7*40*" 
~rt Y 1 n^^~ 

^ A 1 U 

" 3x1 0*" 
" TYin "^ 

J A 1 U 

" T Y 1 O '^" 
^ A 1 U 

" 3x10 *" 
~ Ty in^^~ 

J A 1 U 

"1x10*" 



~ T Y 1 ( T^ 
J A I U 

"4*40*" 

~Q V 1 =^ 

"4*40*" 
~° Y in "*" 

UA 1 U 

"4*40*" 
~p V 1 r {^~ 

OA 1 \J 

"7*40*" 
~4y in''^ 

T A 1 U 

"4*40*" 
~ 0y 1 n "*" 

VA 1 U 

"4*40*" 



ty i n ^ 

"7*40^ 
~ TY i n "^^ 

""4*40"*" 
"4*40*" 
~9 y i n^ 

U A 1 U 

"6x10^* 

"5*40*" 

"4*40"*" 

JA IV 

"2*40'^ 
"2*40^*" 

"2*40=^ 
~4*40"*~ 

~ ? Y 1 O '^ 

-'A 1 U 

"2*40"*" 

~j1v \CV^ 

•TA TTJ 

"§*40*- 
~2*40"*~ 

~ ?Y 10"^ 

J A I U 

"2*40*- 
"2*40*" 
"2*40*" 

~T Y 1 ^ 
i- A 1 U 

"6x10^ 

JTA TU 

"4x10^ 
"4*40'*~ 
"4*40^*" 
~ 0y 1 n^ — 

>* A 1 U 

" 5x10 ^ — 
~^ Y i n '* — 

J A 1 U 

"2*40"^ 
"4*40*~ 

~^ Y 1 f )^ 
Jl A lU 

" •JY 1 ^ 

J A 1 U 

3x10 '* 
"2*40'*~ 



"2*40^^ 
"2*40*" 
"2*40*" 
"2*40-*- 

~ ^ Y 1 O ^ 

"2*40'*~ 
"7*40*^ 
"4*40^ 
~^Y in"*^ 

U A IT^ 

"4*40^ 

UA 1 U 

"4^t40"*" 
~ ty in'^^" 

-J A 1 U 

"4*40'*~ 
~fi Y 1 n'^'*~ 

UA I U 

"4*40"*" 

"Ay 10^ 

UA I U 



"2*40^* 

ilxlO'^ 

""7*40^* 

~o Y 1 n^ 

UA lU 

~^ Y 1 r\^ 

UA lU 

^Ylf)'^ 
UA 1 U 

-JA lU 

~T Y 1 n °* 

-J A lU 

~T y i n ^ 

J A 1 U 

~ T Y 1 n ^ 

J A 1 U 

~ 1 Y 1 IT* 
1 A lU 

""4*40" 

^A IV 

""3*40'' 
~3 xlO "^ 
""7*40" 
""4*40" 
~ 1 X 1 O" 

~f1 Y 1 0^ 
^A 1 U 

"1 X 1 0" 
""4*40" 
"4*40" 

~ r>., 1 n ^ 

>* A 1 U 

~ 0y 1 O '* 

VA lU 

"7*40'* 
"7*40^* 
~ ?Y i n '^ 

-J A 1 U 

"3*40'' 
"2*40" 
"3*40" 
"6x10'^ 

~S Y 1 f>^ 

-^ A lU 

~i Y 1 n ^ 

_J A lU 
J A lU 

~ 0y 1 f)^ 
,* A lU 

" 7x1 0'' 
"2*40" 

~ -) ., 1 n ^ 

i«A iU 

" 1 X 1 O" 

1 A lU 

"4*40" 
"4*40" 

~ 1 ., 1 r\ ^ 

1 A 1 U 

~ 0y 1 fl^ 
>* A lU 

~ 1 X 1 O" 

~ 1 Y 1 A^ 
1 A lU 

" Sy I O '* 

-^ A I U 

~T y 1 ^ 

-> A 1 U 

" 5x10 '^ 
~ ? Y 1 n ^ 

J A lU 

"S y I O ^ 

-^ A 1 U 

~^ Y i n '* 

-^ A 1 U 

"2*40" 
"4*40" 
"5*40'* 

~ T Y 1 O '* 
_> A 1 U 

~ T Y 1 ty^ 

J A 1 U 



72:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



779 



PROPOSED RULES 



Polonium (8 ' 1) 



Potassium (19) 



Praseodymium (5Q) 



Promcthium (6 1 ) 



Protoactinium (91) 



Radium (88) 



Radon (86) 



-^*i«^ 



Pu2 44 



4*W^ 



-^*iGi 



Po210 



4*W^ 



-3*W' 



-^r4i 



^*W*" 



-4*^=" 



Pr 1 4 2 



a*w^ 



2*W^ 



Pr 113 



-4*W" 



-^*W^ 



Pm 1 4 7 



-6*W* 



+*W^ 



Pm 1 4 9 



-^*W 



2*^^ 



Pa 230 



2*W^ 



-«*40^ 



Pa 231 



4*W^ 



-4*W^ 



Pa 233 



-4*W 



-^*4«^ 



-*a- 



-^*W^ 



■5^tW^ 



Ra22 4 



■^*W^ 



-4 ^hiM'^ 



-fe- 



-^^t4«' 



4*10^ 



Ra228 



-^hiW^ 



-4*W 



Rn220 



4*40^ 



~2*W*" 
~ SxlO ^*~ 
~ 0y in^^~ 

~6xlO^^ 

,* A 1 VJ 

~ 9xl 0^''~ 
"4*40*" 
~4*40*" 

UA 1 \J 

~6xlQ*" 
"-4*4^*- 
~4*40^ 
~?*40'^ 
~ 7xl O*" 

-J A 1 ^J 
UA 1 U 
■T A 1 W 
-J A 1 U 

"4*40'^ 
~?*40'^ 

.' A 1 W 
OA 1 V7 



UA 1 \J 

~6xl0^"~ 
~ 1 X 1 0^^^ 
~3*40^ 
"7*40^ 

~ 7y K T* — 

/ A 1 U 
■TA l\J 

~ 7x 1 '^ 

~S*40'^ 

~4*40^ 

UA 1 W 

"2 x1 0"^ 
~ 3 X 1 Q ^^~^ 
~4*4«^ 
~ 9y i n '^ — 

UA i KJ 

~ c. ., 1 n 'tl— 

UA 1 U 

" 3x10 ^^^ 

TA 1 U 
*TA x\J 

"3*40^ 
~^v 1 n^ 

UA 1 V^ 
UA 1 V7 
OA IT7 

"2*40^ 
"3*40^ 

~A \.\j 

~2xlO"^^ 
"3*40^^ 
"4*40'^ 
-4*40^*" 



J A lU 

~ii Y 1 n^ 

f A i U 

~ 1 X 1 0^ 

~"' y in ^ 

J A 1 U 

~ T V 1 n "^ 

J A I U 

~ i „ 1 n ^ 

-^ A 1 U 

~T Y 1 n^ 

^A 1 U 

~ -} „ 1 A '? 
_! A i U 

~ ?Y i n ^ 

JA 1 U 

~S y 1 ^ 

J A 1 U 
~ g „ 1 l\ ^ 

"3*W* 
""* Y 1 n^ 

i-A iU 

~ /i ., 1 r> ^ 

TA lU 

~i X 1 0^ 

"3*40" 
"2*40'* 

~ 0v 1 C ^ 

~ A ITT 

iA lU 

~ 1 ^ 1 C\ ^ 
1 A lU 

"4*40'* 
"?*40^ 

^A lU 
JiA \.\J 

"5*40^ 

-^ A 1 U 

~ T „ 1 A ^ 
J A lU 

" 3x1 0^ 

J A lU 



Rhenium (75) 



Rhodium ( 4 5) 



Rubidium (37) 



Ruthenium {^^) 



Samarium (62) 



Rn222 
Re 183 



-4*40^ 



-4*40^ 



2*40=" 



R e 1 8 6 



-6*40'' 



2*40=" 



Re 187 



-9*40'* 



-^*40'' 



Re 188 



-4*40'' 



-^*40'^ 



Rh 103m 



-8*40^^ 



-6*40'' 



Rh 105 



-8?t40'' 



-4*40" 



Rb86 



-4*40" 



-^?*40'* 



Rb 8 7 



-4*40" 



-^?*40'* 



Ru97 



2*40" 



-4*40'* 



Ru 103 



-4*40" 



-8*40'* 



Ru 105 



-^7*40" 



-5*40'^ 



Ru 106 



-8*40'* 



-6*40" 



Sm 1 4 7 



-^'*40" 



~3*40'^ 
~S xlO '^ 

~ 1 Y 1 fl^^~ 
J A lU 

"4*40'^ 

~7*W^ 

■TA 1\J 

~3*40'^ 
~ 9xl0 '*~ 

■T A 1 U 

~T Y 1 C f^~ 

J A 1 U 

~ri Y 1 n^'^ 

TA 1 U 

~^ Y in'^~ 

-^ A 1 U 

"3*40'^ 
"7*40'^ 

— -} „ 1 n ^»~ 

_) A 1 U 

~ 5xlQ '^~ 
"4*40^ 
"4*40"^ 
~2 xlO '^~ 
"2*W"^ 
"**10'^ 

-^ A 1 U 

"'1x10"*" 

_* A 1 U 



~2xlQ*" 



■4*40" 



^A lU 

"#*W^ 
~2*40'*~ 
"S xl O'*" 

J A 1 U 

"2*40'*~ 
~ 1 X 1 0'*~ 

UA i U 

~ ? Y 1 n ^*~ 

-J A 1 U 

"T Y 1 n^'*~ 

i-A 1 U 

~ 3xl O'*~ 

— I., in ^*~- 

i«A 1 U 

~ < « 1 n ^ 

1 A 1 U 

"3*40'*~ 
"3*40'*" 
"3*40'^ 

OA lU 
UA lU 

"3*40^ 

"3*40'^ 
~2xl0'*~ 
~ Ty in"^ — 

-J A 1 U 

"3*40"^ 
"3*40'^ 



UA lU 

~3xl0'* 

~ n„ 1 r> ^ 

>* A 1 U 

~ g » 1 n ^ 

J A lU 

- T „ 1 r> ^ 

J A lU 

~^ Yin ^ 

i-A lU 

~ <c.. irt ^ 

UA lU 

"TjtIA'S 
J A lU 

~ 1 „ 1 r\ ^ 

1 Ai U 

~ 1 X 1 Q'^ 

~ 1 ., 1 A ^ 
1 A 1 U 

~ 1 X 1 0'* 
"7*40'* 
'3*40'* 



"4*40^ 
"3*40'* 

■TA It? 
JA lU 

"Q Y 1 n^ 

UA lU 
UA lU 

1 A lU 

"4*40'* 
"1x1 Q'* 
"4*40'* 



"6x1 0^ 



780 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



PROPOSED RULES 



Scandium (21) 



Selenium (3 4 ) 



Silicon (1 4 ) 



Silver (47) 



Sodium (11) 



Strontium (38) 



Sulfur (16) 



Tantalum (73) 



Tellurium (52) 



Sm 151 



Sm 153 



Sc 4 6 



Se17 



Sc 4 8 



Se75 



Si 31 



Ag 105 



Ag 110m 



Ag 1 1 1 



Na22 



No 2 4 



Sr85m 



Sr85 



Sr89 



SrOO 



SrOl 



SrQ2 



-S-35- 



Ta 1 8 2 



Technetium ( 4 3) Tc 06m 



Te% 



Tc Q7m 



Tc07 



TcQ9m 



Tc99 



Te 125 



ffi- 



T e 127m 



-4*W^ 



i«- 



-6?(40^ 



i*+0^ 



-^*10^ 



-4*W^ 



-S^eiO'' 



2*W^ 



-6*W 



-^^440'^ 



-3*4«" 



+*W^ 



-4*1«* 



-4*40^ 



-6*^*" 



-4*iO^ 



-6?tW 



-8*4^^ 



-^*W^ 



-4*^^* 



-4*40^ 



-^*W^ 



-^*W^ 



-9«40^ 



i*W* 



-4*W 



-4*W* 



-4*W 



-^*W'' 



+*W^ 



-^?i40^ 



-4*i«^ 



i*W^ 



-^?tW 



-4?eW^ 



-^^W'^ 



-4*+0'' 



-4*W^ 



-^*W 



-^^W'^ 



-4*W"* 



-^*W^ 



-8*W" 



-4?t49'' 



-6*W 



2*W" 



2*40*" 



J*^'^ 



i*W 



-4*W^ 



-^r^kW- 



-4*W*" 



2*W* 



-6?tW* 



-4«4«'^ 



+*W^ 



i*W^ 



-4*i0^ 



~2*W^ 
~4*iO^ 

~2*W*" 

"4*40^ 
"4*40*" 
~ i Y 1 n ^^~ 

UA 1 U 

~ 9xl0 '*~ 



~o Y 1 '^ 

UA 1 U 

"~ 3xlO ^^ 

LJA 1 VJ 

~ 3xlO '^ 

J A 1 U 

~ 9x 1 "*" 
~ 0y 1 n^'*~ 

^ A 1 W 

~4*iO*" 
~4*W^ 
"4*4©*" 
~ 0y 1 n '^" 
~^Y 1 n ^^~ 

UA 1 U 
UA 1 U 

"3*40^^ 
"3*40^ 

~ 3 X 1 °*" 

~ Qy \ C v'*~ 
UA 1 U 

"4*49'^ 
"4*40^ 
~3*W^ 

1 A lU 

~2*W^ 
"3x40^ 
~2*4«^ 

~4*W^ 
"4*W^ 
"4x10"^" 
~ Ty i n ^ 

-J A 1 U 

~^ Y i n ^'^~ 

-* A 1 U 

~ 1 Y I n'^~ 

i A 1 U 

"4*40^ 
~§*4«^ 



"§x40^ 



~3x40^ 
"2*4©^ 



9 V 1 ""^ 

OA IXJ 

"4*40^^ 
~ 5xl 0'^ 
~§*40*" 

"2*40"^ 
"3*40^ 



~ 9xl 0^^^ 
-2*40^ 
-§*4©'^ 
"3*40^^ 
"4*40^ 

~9v 10"^ 
OA r\7 

OA ILf 

"3x40'^ 
~3*4«^*~ 
~6xl0'^~ 
-§*40^ 
~/Iy in^ 

t A 1 U 

"4x10^ 
-3*40^ 

^A 1\J 

~ T ^ 1 A ^ 

ilA 1T_T 

~ TY i n '*~ 

J A 1 U 

~7 xl0 '^ 

JA IV 

"4*40^*" 
~Qy m'^ — 

UA i U 

~6xl0^ 

" ^y IO"*^ 

-7A TT^ 

~4xlQ^ 
~§x40^^ 
~" 1 X 1 C^ 



^te- 



"4*40^*" 
~8x40^ 
~ '1 x lO ^ 
~ Ty i n " 

J A 1 U 

~ i .. 1 n '^ 

1 A 1 U 

~ ?Y 1 n^''"'~ 

-J A 1 U 

-7A ru 

"3*40^ 
~ 0y i n ^ 

VA IV 

"3*40^*" 
""4*40'*" 
~ 0y i n'^ 

^ A I U 

" OxlC ^ 

-4*40^ 

-7*40"^ 

"4*40*" 
"3*40'*~ 



~**40^ 
~Q y in ^ 

U A i U 



~§*40'' 

~4xl0'''~ 

"4*40*" 

~4*40*" 

~§*40'^ 

~?*40*" 

-3*40-^ 

"4*40*' 

~/i Y 1 n'^~ 

^ A 1 U 

"5*40^ 
-4*40-^ 



/I Y in"* 

■TA lU 

oy in'^ 

UA 1 U 

O y in '^ 

UA 1 U 
t A 1 U 

4jt40'* 
9x1 0^^ 
Oy in^ 

^ A 1 U 

Ty 1 ^ 

_) A 1 U 

T y i n ^ 

-J A I U 

3x10 ^ 
Oy in^ 

^ A lU 

2 x1 0"* 
"4*40" 
~4*40=' 

J A 1 U 

Iy i n "^ 

J A 1 U 

ijxlO'^ 

'T A 1 U 

ii Y in"^ 

^A i U 
J A 1 U 

2x10^ 
~ 1y in^ 

-J A 1 U 
( A i U 

~ 7y in"^ 
""4*40" 
""3*40" 

~ -i„ in '* 

_J A 1 U 

~7 Y 1 n "^ 
~ 'i Y 1 n"^ 

-^ A lU 

~ A ., 1 n 'S 

T A 1 U 

~ 7xl 0^ 
"5*40=* 
~?*40^ 
~f^Y in^ 

UA 1 U 

"6x10^^ 
~ Ty in^ 

J A 1 U 

~/i Y 1 n"^ 

^A 1 U 

~ /l .. 1 A '^ 
T A i U 

"4*40^ 
~4*40^ 
~ 1 x 1 0'^ 
"5*40^ 

~,1 Y 1 Ci^ 
^A 1 U 

~"' xl0 '* 

~ -) ., 1 n "^ 

i« A i U 

~O y in '* 

UA 1 U 

~fi Y 1 n"^ 

UA 1 U 

~ "^Y in^ 

-J A 1 U 

"T y i n '* 

^ A 1 U 



~t y in "* 

i_ A 1 U 

"3*40^ 
"4*40" 

VA ITT 

"5*40'* 



72.P 



NORTH CAROLINA REGISTER 



Novembers, 1997 



781 



PROPOSED RULES 



Terbium (65) 



Thallium (81) 



Thorium (90) 



Thulium (6Q) 



Tin (50) 



Tungsten 

(Wolfram) (7 4 ) 



Uranium (92) 



Te 127 



To 129m 



Te 129 



Te 131m 



Te 132 



Tb 160 



Tl 200 



T1201 



T1202 



T1204 



Th228 



Th230 



Th232 



Th natural 



Th23 4 



Tm 170 



Tm 171 



Sn 113 



Sn 125 



W 181 



W 185 



W 1 8 7 



U230 



U232 



U233 



Us 23 4 



Us 235 



U236 



U 238 



-^*W*" 



-9*W^ 



-8*40'^ 



-^sW'* 



-4*i«^ 



-4*iO^ 



-^^*W^ 



-4*iO^ 



-^*W^ 



-4*W^ 



i*W 



-^*W^ 



-4*40*" 



-4*W 



-4*W 



-9*W^ 



-8*40^ 



-3*i«^ 



-4*W 



-4*W^ 



-9«40^ 



-§*+«^ 



J*iO^ 



-4*W 



-4*W^ 



-4*W^ 



-4*40^ 



-4s4«^ 



-^tW^ 



-^tW'* 



-4*40^ 



-4*40^ 



-4*4©=^ 



J*4«^ 



-4*4«^ 



-4*40^ 



-4*40^ 



-8*4«^ 



2*40" 



-4*40'' 



-8*40^ 



4*40-^ 



-4*40'' 



-^*4e'' 



-4*40'' 



-4*40'' 



4*40^ 



■t«- 



-4*40"" 



-4*40" 



4*40" 



-^*40'*" 



-4*49 



-w- 



-4*40'' 



4*40 



i«- 



-6*40" 



4*40" 



-^7*40'^ 



"4*40"^ 
~ 1 X 1 0'^ 

"3*40^ 

"3*40'^ 

1 A 1 U 
>* A 1 U 
UA 1 U 

~1 V 1 "^ 

1 A I LJ 

~ 1 X 1 '^ 



■'4*40'^ 
~?*40"^ 
~ 9xl 0'^ 
~ 5 X 1 '^ 

T A 1 U 

"3*40'^ 

jA iv 

"3*40*" 
~'1xl0'^ 



"4*40'^ 
~ 9xl0 '^ 

-J A 1 U 

"4*40'*" 
~ 3xl Q'^ 
~ Tv i n ^*~ 

_) A i U 

"4*40=^ 
" 5x10 ^*" 
"4^40'^ 



"4*40"^ 

~ 1 V 1 0^^ 

~ 1 X 1 Q^^ 
"3*40-^ 

^ A 1 U 

~ 5xl0 '^ 
"5*40*" 
"4*40'^ 

1 A 1 U 

"1x 10 '^ 
" 3x1 '^ 
"3*40'^ 
"3*40'^ 



"4*40"^ 

1 A 1 U 

~° Y in "" 

U A 1 U 

~° Y i n'*" 

UA 1 U 

~ 0y 1 (V*~ 

^ A 1 W 

~ 0v 1 n'*" 

>* A 1 U 

~ 0y 1 0^^ 

-^ A 1 U 

~ 0y 1 O "" 

~°Y in''~ 

UA 1 u 

"SxlO"*" 
"4*40'^ 
"4*40=^ 
"4*40'^ 



"6x10'* 
"**40'* 

.7 A 1\J 

"4*40" 

"3*40" 

"4*40" 

"1x10'* 

~6xlO 

"7*40^ 

"'1x10 

~ 3xlQ ' 

"4*40' 

"9*40'* 

~/i Y 1 n"^ 

^A 1 U 

"T xlC * 

_) A 1 U 

"3*49'* 



"8*40'* 
"3*40'* 

~ 0v 1 " 

~A IV 
J A 1 VJ 

"3*49' 

~O y 10 " 

UA 1 U 

~ 3xlO ' 
"4*40' 
"1x 1 0'^^ 
~ 1 X 1 0'^^ 
"4*40"^ 

iA 11/ 
1 A 1 U 

"4*40' 

~lxlO' 
~4 X 1 Q 



~o Y 1 C Y^ 
OA ru 

~ 1 V 1 0^ 

1 A JV7 

"3*40'* 

~(1 Y 1 0^ 
TA 1 U 

~ 7y 1 "^ 

^ A 1 U 

~SxlO'^ 

T A 1 U 

~ Qy i n^ 

-^A 1 U 

~1xlO'* 

J«A 1 U 

~ 1 ., 1 n ^ 

1 A 1 U 

"4*40' 
~/i Y 1 n' 

TA 1 \J 

~Xs-UX 

-J A 1 U 

~ n-., 1 n ' 

^ A i U 

~ T., in - 

i-A 1 \J 

" 1 x 10 ' 
"3*40' 

*TA iTJ 

"3*40" 



"3*40' 
~ri Y in" 

■TA 1 U 

"3x10 ' 



~T y in^ 
"2 x1 0* 

~ '> ., 1 n ^ 

J A lU 

~2 xlO '^ 
~° Yin ^ 

UA 1 U 

~O y i n"* 

UA 1 U 

~ £ „ 1 n^ 

UA 1 U 

~ /i „ 1 n ^ 

T A 1 U 
-J A 1 U 

~2 xl0 '^ 

~ ^ „ 1 n ^ 

T A 1 U 

~ri Y 1 n'^ 

^A l\J 

~3jj1A'» 

i«A 1 U 

""Xk-LD" 
J A lU 

"3*40'" 
"4*40'^ 

~ T., in ^ 

J A lU 

~ 1 X 1 0* 

~ <^ „ 1 A ^ 
UA 1 \J 

"7*40'* 
~ 1 Y 1 n'^ 

i A lU 

~2xl0'* 
" 3x1 '^ 
"3*40'* 
"'1x10'^ 
"4*40'* 

~ 1 ^ 1 A ^ 
1 A IT_f 

~ ^ 1 A 'S 
^A l\J 

"3*40'* 

~ g„ 1 A '^ 

*J A 1 U 

"5 x1 '* 
"§*40'' 

~ g .. 1 A '* 
•^ A 1 U 

~ n„ 1 A ^ 

^ A 1 U 

~° Y in '^ 

UA I U 

"TjtJA^ 
^A 1 U 

"2 x10 '* 
~ri Y in^ 

T A 1 U 

~ ? Y 1 n ^ 

J A 1 U 

"1x10* 
"4*40'^ 

'7*40'* 
~Ay 1 n^ 

^TA IT7 

"4*49'* 
~ s Y 1 n^ 

-^ A i U 

" -3 .. 1 A ^ 
J A 1 U 

"T Y 1 n ^ 

-^ A I U 

~ T Y 1 n ^ 

w^ A 1 U 

~ ? Y 1 n^ 

-J A 1 U 

~T y 10^ 

-^ A 1 U 

~ 3 X 1 0'* 

— ) .. 1 A ^ 
J A i U 

~ -3 Y 1 n ^ 

-^ A I U 

~ ty i n '* 

-^ A i U 

~ -i Y 1 n ^ 

J A 1 U 

~1xlO'* 



7S2 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



Vanadium (23) 



Xenon (5 4 ) 



Ytterbium (70) 



Yttrium (39) 



Zinc (30) 



Zirconium ( 4 0) 



U2 4 



U natural 



-V-4«- 



Xo 131m 



Xc 133m 



Xo 133 



Xe 135 



Yb 175 



-¥-90- 



YQlm 



-V^-94- 



-V^-93- 



-^V^^>3- 



Zn65 



Zn69m 



Zn69 



Zr93 



Zr95 



Zr97 



Any single 

r adionuclide no t 
listed above with 
decay mode other than 
al p ha emission or 
s p on t aneous 
Fission and with 
r adioactive half-lif e 
less than two hours. 



-S«b- 



-Sttb- 



-Sub- 



-S«b- 



-*ib- 






-^?*iO^ 



-6*W 



-^rl^VS^ 



-§jeiO^ 



-5*40*" 



4*40^ 



-+*W^ 



-4*40' 



-^?*W^ 



-6*40 



-4*40^ 



-4*40^ 



-5*40^ 



-^*40'^ 



-4*40^ 



-^*40'' 



-4*40^ 



-^*40^ 



-2*40^ 



-4*40'' 



-4*40^ 



-6*40^ 



-4*40'^ 



-4*40"^ 
-^7*40*" 



-9*49" 



hi40'' 



-4*40'' 



-4*40^^ 



-4*40'' 



-4*40 



-^>*40'^ 
•4*40'*" 



"4*40'^ 
"4*40'^ 
"4*40'^ 
"S*40'^ 
"5*40'*" 

VA i.\J 

~ 9y 1 "'*" 



JA ILf 
J7A Iv 
UA ILf 
TTTvTTT 

"4*40^ 
"4*40'^ 

~Qy in"*" 
~2 xlQ '^~ 
"3*40'^ 
"S xlO "*" 

UA 1 U 

-7 A IT/ 

"5*40'^ 
"3*40'^ 
"3*40'^ 
"5*40'^ 
"§*40'^ 
"3*40"'" 
"3*40'^ 
"3*40*" 
"3*40'^ 
"5*40='" 



5*40"^ 
~o V 1 n^ 

OA ILf 

"6xl0'^~ 

" Bxiy ^^ 

"3*40^ 
"6xl0'^~ 
"3*40=^ 
-4*40'^ 



-**40'^ 



-4*40'' 



4*40''" 



"3*40'^ 
"3*40'*' 

^A IV 
■7A TV 
OA 1 V/ 

~^v 1 O''^ 
\j\ 1 u 

-4*40-^ 
-"4*40-^ 
"4*40'*" 
"4*40'*" 

~ ^ ., 1 rr '^ 

UA 1 U 

"5*40'^ 

^ A 1 VJ 

~-) Y I n^^~ 

i-A 1 U 

"4*40'*~ 
"4*40'*~ 
~-) Y 1 n^^~ 

i_ A 1 U 
-J A lU 

"1xl0'*~ 
"4*40'*~ 
~(i Y 1 n'^~ 

t A 1 U 

"4*40'^ 

^A IV 
J A 1 Lf 

-4*40'*" 



"1x1 0'^ 
" 3x10 '^ 

~T y 10 ^ 

-J A 1 U 

"3*40=* 
"3*40'* 

_* A lU 

~^ y i n '* 

J A 1 U 



""4*4©" 
"4*40'* 
"3*40'* 
"3*40'* 

~ i ., 1 n^ 

_* A 1 VJ 

~"^ Y in '^ 

-^ A 1 U 

" 3x1 '* 

-J A 1 U 

~f,y in'* 

UA I Lf 

~fiY in'* 

UA i U 

~^ Y l l T* 

— ' A 1 U 

~'2 Y 1 n'* 

J A 1 U 

"4*40'* 

"3*40" 

"?*40'* 

"6 x10 '* 

"3*40'* 

"3*40'* 
~Q v i n'^ 

UA 1 U 
UA i U 

"6x10'* 
~< Y 1 n'* 

-^ A 1 U 

~2 xl 0'* 
"3*40'* 



Any single radionuclide 
not listed above with 
decay mode other than 
al p ha emission or 
s p ontaneous Fission 
and with r adioactiv e 
half-life gr e at e r 
than two hours. 



-4*40''~9*40'' 



"4*40^ 



~ 1 Y 1 '* 
^ A 1 U 



Any single radio 



nuclide no t lis t ed 
above, which decays 



-6*40'' 



4*40''" 



"3*40" 



~a y 1 n ^ 

J A Iw 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



783 



PROPOSED RULES 



by al p ha emission 
or spontaneous 
fission. 



(2) In Subparagra p h (a)(1) of this Rul e , "sub" means that values given are fo r subme r si o n in a s^nii-spherieal infinite doud 

of airbo r ne ma te rial. 

i^ In Sub p aragraph (a)(1) of this Rule. "S" means soluble and "I" means insoluble. 

(41 For pur p oses of these Regula t ions, i t may be assumed that the daugh ter activi t y concentra t i o ns in the following tabl e 

are equivalent t o an air concen tr ation of 10II-7 mic ro cu r i e s o f r adon-222 per millilit e r of ai r in equilibrium with tlie 

daught er s RaA. RaD. RaC. and RaC : 



Alpha-Emitting Daughter Activi t y 



Maximum Time 



C o llected per Millilite r of Air 



Be t ween Collection 



and Measurement 



(Hou rs ) 



-^^ 



Mic r ocu r i e s 



'tnl- 



7.2 X lO '' 



Total Alpha 



disinteg r ations 



per minute p e r ml. 



0. 10 



-4^0- 



-^rJ^ 



4 .5 X 10 ^ 



1.3 X 10 ^ 



uTTU 

"0:628 



■4r9- 



0.3 X lO '* 



The dura t ion of sample collection and the du r a t ion o f measu r ement should be sufficien t ly short compared to the t ime be t ween 

collec t ion and measurement, as not to have a sta t istically signifi c an t e ff e ct u p on the r esul t s. 

(51 Fo r solubl e mix t u re s of U-238. U-234 and U-235 in ai r chemical to.vicity may be the limiting fac to r. If the percent 

by weight enrichment of U-235 is l e ss than five, th e c o nc e n tr ation value for a 40-hou r w or kweek. Table I, is 0.2 
millig r am uranium p e r cubic m e t er of air av e rage. For any enrichment, the pr oduct of the av e rag e concentration and 
time of exposure during a 4 hour workweek shall not exceed SxlO '^ SA mic ro Ci-hr/ml. where SA is the s p ecific 
ac t ivi t y * of the u r anium inhaled. The concent r ation value for Table II is 0.007 millig r am u r anium p e r cubic me t er o f 



Th e sp e cific activity for othe r mixtures 



air. The specific activit)' for natural uranium is 6.77x10 curies pe r gram U. 
of U-230. U-235 and U-234, if no t known, shall be: 
SA — 3.6xl0 ^ curies/gram U U-d e ple t ed 

SA^(0. 4 I 0.38 E I 0.003 4 E ^f4^^ E is g r eate r than o r equal to 0.72 
where E is the p e r centage by weight of U-235. expressed as p e r cen t , 
(b) In any cas e where the r e is a mixture in air or wa t e r o f m or e than one radionuclide, th e limiting values f or purposes of this 
Section may b e d e ieiiuiueJ as follows : 

If the iden t ity and concen t ration of each radionuclide in t he mixtur e are known, the limiting values may be derived 
as follows : D e termine, fo r each r adionuclid e in th e mix t u r e, the r atio between the quantity pr esen t in the mix t u r e and 
t he limit oth er wise established in the tables in Subparagraph (a)(1) of this Rul e f or t he s p ecific r adi o nuclide when n o t 
in a mixtur e . The sum of these r atios f or all the r adionuclides in the mix t ur e may not exceed unity. 
If radionuclides a. b. and c are present in conccnirations C ^t-^^ , and C . , and if the applicable MFC's and MPC ,t 
MP€( ^d MPC^cs p ectiv e ly. then the concen t rations shall be limited so t ha t the following rela t ionship exists: 
CjJi C^ C. is less than or equal to 1 
MPC^MPC^MPC, 

(3^ If either th e iden t i t y o r the concentra t ion of any r adi o nuclide in the mix t ure is no t known, th e limiting valu e s f or 

p u rp oses of this Rule shall be: 

<tM — for purposes of Table I, Column 1: 6x10 '^ 



m 



m- 



784 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



PROPOSED RULES 



(B) — for purposes of Table I, Column 2: 4 x10 '^ 
(€) — for purposes of Table II, Column 1: 2x10 '" 
(©) — for purposes of Table II, Column 2: 3x10 "* 

(4) If any of the conditions s p ecified below arc met, the co rr esponding values s p ecified below may be used in lieu of those 

specified in Sub p arargra p h (b)(3) of this Rule. 

(A) If the iden t ity of each radionuclide in the mixtu r e is known bu t the concent r ation of one o r mo r e of the 

radionuclides in the mixtur e is no t known, t he concentration limi t fo r the mix t u r e is the limit specified in the 

tables in Subparag r a p h (a)(1) of this Rule fo r the r adionuclide in the mixtu r e having t he lowes t concen tr ation 

limit; o r 
(B) — If t he iden t i t y of each r adionuclide in t he mixture is no t known, but it is known t ha t ce r tain radionuclid e s 

specified in the tables in Subparagraph (a)(1) of this Rule are no t present in the mix t u r e, the concen t ration limit 

fo r the mix t u re is t he lowes t conc e nt r a t ion limit specified in those t ables fo r any r adionuclide which is no t 

known t o be absen t from the mix t u r e; or 
iG) — If ce r tain radionuclides arc known not t o be p resent, th e concent r ation limit fo r the mix t ure is the ap p ropriate 

concent r ation limit from th e following table: 



Tabl e I 



Table II 



Elemen t (a t omic n umbe r ) 



and isoto p e 



Column 1 

-krr 



Column 2 
Wa t e r 



Column 1 
-Air 



Column 2 



Wa ter 



mic r o 



micro 



mic r o 



mic r o 
Cu r ie/ml 



Curi e /ml 



Cu r ie/mi 



Cu r ie/ml 



If it is known t hat S r 



9 0. I 125, I 126, I 12 9 , 



I 131,(1 133, Table 



-o nly), Pb210, Po 210, 



A t 211, Ra223, Ra 224, 



Ra 226, Ac 227, Ra 228, 



Th230, Pa 231, Th 232, 



Th-na t , Cm 248, Cf254, 



and Fm 256 arc not present 



-9^40*" 



-4*W^ 



If it is known tha t S r 



9 0, I 125, I 126, I 12 9 



(I 131, I I33,TdblLlI 



only), Pb210, Po 210, 



Ra223, Ra226, Ra 228, 



Pa 231, Th-nat, Cm 248, 



Cf 254, and fm 256 ai ' e 
not present 



-9*W^ 



-4*i«'* 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



785 



PROPOSED RULES 



If i t is known tha t S r 
9 0. I 12 9 , (I 125, I 126. 
I 131, Tabl e II only), 
Pb210, Ra226, Ra 228, 
Cm 248, and Cf 254 are 

not proaent 3ri^W^ 6*iO'' 

If i t is known t hat 
(I 12 9 , Table II only). 
Ra 226, and Ra 228 are 

not present ^sW* 1*^' 

If i t is known that 
al p ha emi t ters and S r 9 0, 
I 12 9 , Pb210, Ac 227. 
Ra228, Pa 230. Pu241, 



and Bk 2 4 9 ore not present J*W* t*iO^^ 

If i t is known tha t 
al p ha emi t te r s and Pb 
210, Ac 227, Ra228, and 



Pu2 4 1 are not present J*W^" 1*+9^ 

If it is known tha t 
al p ha emitte r s and Ac 

227 arc not present i^iW^ hkW 

If it is known that Ac 
227, Th230. Pa 231. Pu 
238. Pu23 9 . Pu240. Pu 
242, Pu244, Cm 248, Cf 
24 9 and Cf 251 are no t 



present i^k¥S^- h^W^ — 

tir) If the mixture of radionuclides consists o f uranium and its daughte r pr oducts in o r e dust p r io r to chemical pr ocessing of 

786 NORTH CAROLINA REGISTER November 3, 1997 12:9 



PROPOSED RULES 



the u r anium o r e, t he values specified below may be used in li e u of those dcici iviincd in acco r dance with Subparag r a p hs 
(b)(1), (3). aiid (4) of this Rule. 

(t\) For purposes of Table I, Column 1 in Subparagraph (b)( 4 )(C) of this Rule. lxlO "^ micfoCi/ml natu r al u r anium; 

or 75 mic r ograms of natu r al u r anium p e r cubic mete r of ai r . 

(6) For purposes of Table II. Column 1 in Subparagraph (b)( 4 )(C) of this Rule, 3xl0 ^ mic r oCi/ml natural u r anium; 

or three micrograms of natu r al uranium pe r cubic mete r of ai r . 

(€) For pu rp oses of this Rule, a r adionuclide may be conside r ed as not p resent in a mixture if: 

(t3 — The ratio of the concentration of that radionuclide in the mixture (C ^ ) to the concent r ation limit for that 
radionuclide specified in Table II in Subparagraph (a)(1) of this Rule, MPC ^ , does not exceed 1/10, i.e., 
G/MJ^ ^ess than or equal to 1/10; and 
irt) — The sum of t he r atios fo r all radionuclides consider e d as not pr e sent in the mixture does not exceed 
one fourth, i.e.. C ,/MP€.,-t-G(,/MP€t,+ ...less than or equal to 1/4. 



Authority G.S. W4E-7(2). 



.0424 REFERENCE FOR LABELEVG AND 
DISPOSAL REQUIREMENTS 

(a) Tlie following tabic of radionuclid e s and activities is fo r 
use in conjunction with rul e s in this Section pertaining to 
labeling and dis p osal r equi r ements- 



Mate r ial 



Ame r icium-24 1 



An t imony- 122 



Antimony- 124 



Antimony- 125 



Arsenic-73 



Ars e nic-74 



Arsenic-70 



Arsenic-77 



Barium- 1 3 1 



Barium- 133 



Barium- 140 



Bismuth-210 
B r omine-82 



Cadmium- 10 9 



Cadmium- 1 15m 
Cadmium- 1 1 5 — 



Calcium-45 



Calcium-47 



Carbon- 14 



Ce r ium- 141 



Ce r ium- 143 



Cerium- 144 
Cesium- 131 



Cesium- 134m 
Cesium- 134 — 



Cesium- 135 
Cesium- 136 



Cesium- 137 
Chlo r ine-36 



Chlo r in e -38 — 
Ch r omium-5 1 



Cobalt-58m 
Cobalt-58 — 



Mic r ocu r ics 



-e^m- 






-we 






-+ee 



-+e 

40 



40 



40 
40 



400 



40 



40 



400 



400 



400 



4 



4tOOO 



400 



40 



40 



40 



40 



40 



4tO00 



40 



40 



Cobalt-60 



Co pp cr-64 



Dys pr osium- 165 



Dys pr osium- 166 



E r bium- 169 
C r bium-171 



Eu r o p ium- 152 ( 9 .2 h) 



Eu r o p ium- 152 (13 yr) 



Europium- 1 54 



Eu r o p ium- 155 



Fluo r ine- 18 



Gadolinium- 153 
Gadolinium- 15 9 



Gallium-72 



Gcrmanium-7 1 
Gold-198 



Gold- 19 9 



IIafnium-181 



Ilolmium-166 



llyd r ogen-3 



Indium- 1 13m 



Indium- 114m 



Indium- 11 5m 
Indium-115 — 



Iodine- 125 
Iodine- 126 



Iodine- 129 



Iodine- 131 
Iodine- 132 



Iodine- 133 



Iodine- 134 



Iodine- 135 



I r idium- 192 



Iridium- 194 
I r on-55 



I r on- 5 9 



Ki7 p ton-85 



K r y p ton-87 



Lanthanum- 140 
Lutetium-177 — 



Manganes e -52 



Manganese-54 



40 



400 



40 



400 



400 



400 



400 



40 



4^000 



40 



400 



40 



400 



400 



400 



40 



400 



47000 



400 



40 



400 



40 



-07+ 



40 



40 



40 



40 



400 



400 



40 



400 



40 



-40 
400 



40 
40 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



787 



PROPOSED RULES 



MaiigcUKS£-56 



Mcicui7-197m 



Mercury- 1 9 7 



Mcfcu r y-203 



Molybdenum-99 



Neodvmium-147 



Neodymium-14 9 



Nickel-5 9 



Nickel-63 



Nickel-05 



Nie)bium-93m 



Niobium- 9 5 
Niobium- 9 7 



Osmium- 1 85 — 
Osmium- 1 9 1m 



Osmium-1 9 1 



Osmium- 1 9 3 



Palladium- 103 



Palladium- 109 



Phos p ho r us-32 



Platinum- 1 9 1 — 
Platinum- 1 9 3m 



Platinum- 1 9 3 



Platinum- 1 9 7m 



Platinum- 1 9 7 
Plu t onium-23 9 



Polonium-210 



P ot assium-42 



P r as e odymium- 142 



P r aseodymium- 143 
P r ome t hium-147 — 



P r omelhium-14 9 



Radium-220 



Rhenium- 186 
Rh e nium- 188 



Rhodium- 103m 
Rhodium- 105 — 



Rubidium-86 



Rubidium-87 



Ruthcnium- 9 7 



Ruthenium- 103 



Ruthenium- 105 



Ruthenium- 106 



Sama r ium- 1 5 1 



Samarium- 1 5 3 
Scandium-46 — 



Scandium-47 



Scandium-48 



5elcnium-75 



Silicon-31 
Silv er - 105 



Silver- 1 10m 



ailve r - 



5odium-24 — 
S t rontium-85 



St r on t ium-8 9 
St r on t ium- 9 






46 



-+ee 



-+ee 



lee 



-fee 

-46 



46 



46 



46 



466 



466 
466 



466 
466 



466 
466 



466 
466 



-466 
-6:64- 



-64- 
-46 



466 
466 



46 



-6:64- 
-466 



466 
466 



466 



46 



46 



466 



46 



46 



466 



46 



466 



46 



46 



466 



46 



466 



46 



46 



-67i 



Strontium- 9 1 
St r ontium- 9 2 



Sulphur-35 



Tantalum- 182 
Technetium- 9 6 



Technetium- 9 7m 
Technetium- 9 7 — 



Techn e tium- 99 m 
Tcchnetium- 99 — 



Tellurium- 125m 



T e llu r ium- 127m 
Tellurium- 127 — 



Tellurium- 12 9 m 
Tellu r ium- 12 9 — 



T e llu r ium- 131m 

T e llu r ium- 132 — 



Te r bium- 160 
Thallium-200 



Thall i um-201 
Thallium-202 



Thallium-204 



Tho r ium (na t ural) 
Thulium- 170 



Thulium-171 
Tin- 113 



Tin-125 



Tungsten-181 



Tungst e n- 185 
Tungsten- 187 



U r anium (natu r al) 



U r anium-233 
U r anium-234 



U r anium-235 



Vanadium-48 
Xenon- 131m 



Xenon- 133 
Xenon- 135 



Y t te r bium- 175 



Ytt r ium- 9 



Yttrium- 9 1 



Yti r ium- 9 2 



Yttnum- 9 3 



Zinc-65 



Zinc-6 9 m 
Zinc-6 9 — 



Zi r conium- 9 3 



Zi r conium- 9 5 



Zirconium-97 



Any al p ha emitting 
r adionuclid e not 
list e d abov e or 
mixtu r es of al p ha 
emitte r s of unknown 
composition 



Any r adionuclide other 



46 



46 



466 



46 



46 



466 



466 



466 



46 



46 



46 



466 



46 



466 



46 



46 



46 



466 



466 



466 



466 



46 



46 



46 



46 



46 



-46 
466 



466 



-6:6+ 



-6:64- 



46 



47966 



466 



466 



466 



46 



46 



466 



466 



46 



466 



h666 



46 



46 



46 



-6:64 



788 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



PROPOSED RULES 



than alpha emi tt ing 
radionuclides, no t 
lis t ed ab o ve o r 
mix t ures of be t a 
emitte r s of uiikiiown 
com p osition 



-0:0+ 



(b) For the pur p oses of the table in (a) of this Rule : 

f+^ Thorium (natural) is based on al p ha disin t eg r ation 

rate of Th-232, Th-230 and their daughte r pr oducts; 
and 

(5) Uranium (natu r al) is based on al p ha disintegration 

rate of U-238, U-234, and U-235. 
fc^ — For purposes of Rules .0411 and .Q410(d) of this 
Section, where the r e is involved a combination of isoto p es in 
the limit for the combination may be derived 



known amoun t s 
as follows : 



valu e in the table in Subparagraph (b)(5) of t his 

Rule, the was t e is Class A was t e. 
f2) If t he concent r ation exceeds 0.1 tim e s the value in 

the table in Sub p aragra p h (b)(5) of this Rule, the 

was t e is Class C waste. 
(3) If the concentration exceeds the value in the table in 

Sub p a r ag r a p h (b)(5) of this Rule, the waste is not 

gene r ally acce p table fo r near-su r face dis p osal. 
iAr) Fo r wastes containing mixtu r es of r adionuclid e s 

list e d in the table in Sub p aragraph (b)(5) of this 

Rule, t he lic e ns ee shall det e rmine the concentration 

by the "sum of fr actions r ule" desc r ibed in (0 of this 

Kuie. 
{5) The following is the t able of long-lived r adionuclid e s 

and concent r ations fo r use in conjunction with waste 

classification r ules of this Section: 



in the combina t ion, the 



tf^ Determine, fo r each isotope 

ratio between the quan t ity pr esent in the combination 

and the limit oth e i - wise established fo r the s p ecific 

iso t ope when not in combination. 
iii) — The sum of such ratios for all the isoto p es in the 

combination may not exceed uni t y. 

Authority G.S. 104E-7. 

.0425 CLASSinCATION/RADIOACTIVE 

WASTE FOR NEAR-SURFACE DISPOSAL 

(a) The following are definitions of and s p ecial r equi r ements 
applicable to t he diffe re nt classes of was t e : 

i^ "Class A Waste" means r adioac t ive waste tha t is 

usually segregated from oth er wast e class e s a t t h e 
dis p osal site. Th e p hysical foiiu and charac t e r istics 
of — Class — A — waste — shaH — meet — the — minimum 
r equi r emen t s set forth in Rul e .0420(a) of this 
S e ction. If Class A waste also meets the stability 



r adionuclides 



concentration 



carbon 14 



8 cu r ies/cubic m e t e r 



carbon 14 in activated metal — 
nick e l 5 9 in activated m e tal — 
niobium 9 4 in activated metal 



80 curi e s/cubic mete r 



220 cu r ies/cubic m e t e r 
0.2 cu r ies/cubic mete r 



technetium 9 9 

iodin e 12 9 

radium, and alpha emi tt ing 
t r ansu r anic r adionuclid e s 
with half-lives g r ea t e r 
than five 



3 cu r ies/cubic meter 



0.08 cu r ies/cubic meter 



years 
p lu t onium 24 1 — 



100 nanocuri e s/gram 



3,500nanocu r ies/g r am 



cu r ium 242 



20,000nanocu r ies/g r am 



fc) — If th e waste does not contain any of the r adionuclides 
listed in the table in Sub p arag r aph (b)(5) of this Rul e , th e 



requirements se t forth in Rule .0426(b) of this licensee shall use the da t a fo r sho r t-lived r adionuclides and 



Sec t ion, it is no t n e cessary to seg r egate the was t e fo r 
disposal. 

(2) "Class D Was t e" means r adioactive waste that mus t 

meet mo r e rigo r ous re quir e m e nts on waste form to 
ensu r e stability afte r dis p osal . The p hysical form and 
characte r is t ics of Class D waste shall meet bo t h the 
minimum r equi r ements and stability re qui re ments s et 
fo r th in Rule .0426 of this Section. 



concent r ations in the tabl e in Subparagra p h (c)(7) of this Rule 
to detcimiric the classification as follows : 



t+j 



en 



"Class C Wast e " m e ans r adioactive waste that not 
only mus t meet mo r e rigo r ous re qui re ments on wast e 



form to ensure stability, but als 



additional 



7 ility. b ut also r equir e s 

measu r es a t the dis p osal facility to pr otect against 

inadvertent human int r usion. Th e p hysical form and 

cha r acte r istics of Class C waste shall meet both th e 

minimum r equi re ments and stability r equirements set 

fo r th in Rule .0426 of this Sec t ion. 

(b) If the waste contains only r adionuclides l i sted in t he table 

in Sub p aragraph (b)(5) of this Rule, tine licensee shall de t ermine 

the classification as follows: 

Hi If the concent r ation docs not exceed 0.1 times the 



If the concent r a t ion does no t exceed the value in 

column 1. the was t e is Class A waste. 
t2^ If th e concentration exceeds the value in column 1. 

but does not exceed the value in column 2, the waste 

is Class D waste. 
t3^ If the concent r ation exceeds the value in column 2. 

bu t does not exceed the value in column 3 . the waste 

is Class C wast e . 
(4) If the concent r a t ion exceeds the value in column 3. 

t he waste is no t gene r ally acc ep table for near-su r face 

disposal. 
t5^ Fo r wastes containing mixtures of the r adionuclides 

listed in the table in Sub p aragraph (c)(7) of this Rule. 

the total concentration shall be d e t e rmin e d by th e 

"sum of the fractions r ule" desc r ibed in (f) of t his 

Kuie . 
-in — determining — the — waste — classifications — in 

Sub p arag r a p shs (c)(1) through (5) of this Rule, the 



Wr 



. 12:9 



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Novembers, 1997 



789 



PROPOSED RULES 



licens e e may disregard any r adionuclides no t list e d in 
t he t ables in Subparag r a p hs (b)(5) and (c)(7) of this 
RtriCT 
i^ The — following — ts — the — taWe — of — shor t -lived 



radionuclides fo r use in conjunc t ion with the wast e 
classification r ules of this Sec t ion : 



radionuclide 

total of all radionuclides 
— with less than 5-vcar 



conc e ntration in cu r i e s/cubic meter 
column 1 column 2 — 



column 3 



half-life 



-?ee- 

-46— 



sec (c)(0) 



see (c)(8) 



hydrogen 3 



see (c)(8) 



s ee (c)(8) 



cobal t 60 



700 
3.5 



se e (c)(8) 
-^ 



see (c 

-Tee 



fcttS) 



nick e l 03 



nickel 63 in activa te d me t al 
s tr on t ium 9 



-^5 — 
-6:64- 



■T'ee- 

-+56- 



■^7666 
-^7666 



cesium 137 



-44- 



-4666 



t%) Th ere are no limits es t ablished fo r the r adionuclides 

noted by "see (c)(8)" in the table in Sub p aragraph 

(c)(7) of this Rule fo r Class D o r C wast e s. P r actical 

conside r ations — stich — as — the — e ff e c t s — of ext er nal 

r adiation — and — int e rnal — heat — gene r a t ion — or 

tr ans p o r tation, handling, and dis p osal will limi t t he 

concen tr a t ions f or these was t es. Th e licens ee shall 

classify — these — wastes — as — Class — &; — unless — the 

concen tr ations of othe r r adionuclides in th e t abl e in 

Sub p aragra p h (c)(7) of this Rul e dic t ate classification 

as Class C was te inde p endent of these r adionuclides. 

(rt^ — If was t e contains a mixtu r e of r adionuclid e s, some of 

which are listed in th e tabl e in Sub p arag r a p h (b)(5) of this Rule 

and some of which arc lis t ed in the table in Sub p arag r aph (c)(7) 

of this Rul e , t h e lic e nse e shall d et ermin e th e classification and 

sui t ability fo r near-su r face dis p osal as follows : 

t+) In acco r dance with Paragraph (b) of this Rul e . 

d ete rmin e th e class and suitability for near-surface 
dis p osal fo r only t he r adionuclid e s in the mix t ure 
which arc listed in the t able in Sub p arag r a p h (b)(5) 
of t his Rul e : 

(2) In acco r dance with Parag r aph (c) of this Rule. 

dctciinine the class and suitability for near-surface 
dis p osal for only the r adionuclides in t h e mixtur e 
which arc listed in the table in Sub p arag r a p h (c)(7) of 
this Rul e : and 

(3) Classify the waste as the more r est r ictive of the two 

dete r minations in Sub p arag r a p hs (d)(1) and (d)(2) of 
thts — Rtrfe — whe r e — Tiot — gene r ally — suitabl e — for 
near-su r face disposal" is t he most r est r ictiv e and 
"Class A" is th e leas t r est r ictiv e . 

(e) If waste contains non e of the r adionuclides lis t ed in th e 
tabl e s in Sub p aragra p hs (b)(5) and (c)(7) of this Rule, the 
licensee shall determine th e waste to be Class A was t e. 

(f) When r equi re d in Pai - agra p hs (b) and (c) of this Rule, the 
licensee shall use the "sum of the fractions rule" desc r ib e d in 
Sub p arag r aph (f)( 1 ) of this Rule. 

t+1 Fo r de te rmining the classification for waste that 



contains a mix t ure of radionuclides, the licens ee shall 
determin e t he sum of the f r ac t ions by dividing th e 
concent r ation of e ach r adionuclide by th e ap pr opriate 
limit, where t he a ppr o pr iate limi t s shall all b e tak e n 
f r om th e same column of t he same t able, and by 
adding the r esul t ant values. The sum of the frac t ions 
fo r t he column must be less than 1.0. if t he waste 
class is to be dc t cnmncd by tha t column. 

(2^ The following is an exam p le calcula t ion. 

tAi A — waste — contains — st r on t ium- 9 — with — a 

concentration of 50 curies p e r cubic me t er and 
cesium-137 with a concentra t ion of 22 cu r i e s 
p e r cubic meter, 
ince th e concent r ations of both exceed the 



m- 



values 



column — i — of — the — t able 



m — column — t — ot — tnc — tame — m 
Sub p aragraph (c)(7) of this Rul e , they must be 
compar e d with the values in column 2. 

(€) Th e st r ontium- 9 f r ac t ion is 50/150 o r 0.33. 

t he cesium-137 f r ac t ion is 22/44 or 0.5. and 
the sum of the f r actions is 0.83; therefo r e, 
since the sum is less t han 1.0. the wast e is 
Class D waste. 



P r ovided tha t th e re is r easonable 



tgl — h 'r ovidea tna t tn e rc is r easona b le assu r ance that an 
indirec t method can be co rr elat e d with actual measu r ements, the 



licensee may dctciimiiL laaionuclid e concentrations b y indi r ec t 
m e thods such as use of scaling facto r s which re late the inferred 
concentration of one radionuclide to anothe r that is m e asu r ed o r 
us e of r adioactiv e mate r ial accountability r eco r ds. Th e lic e ns ee 
may ave r age a radionuclide concent r ation ov er th e volum e of 
t h e waste o r over the weight of the was t e in th e case o f 
r adionuclid e s with nanocu r ie p er gram limits s p ecified in the 
t able in Sub p aragra p h (b)(5j of this Rule. 

Auihoriry G.S. W4E-7(2). 

.0426 RADIOACTIVE WASTE 
CHARACTERISTICS 

(a) The following are minimum requi r ements for all classes 



790 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



PROPOSED RULES 



u f radioac t ive was t e, djid arc intended t o facilitate handling and 
to provide prot ec t ion of health and saf et y of p e r sonnel a t t he 
radioac t ive was t e disposal si t e. The licensee shall : 

(i-) package was t es in LOiiformancc with the conditions 

of tlic lic e nse issued t o the site o p e r a t o r t o which the 
waste will be shi pp ed to the extent that such 
conditions ai ' C mo re r est r ictive o r in addition to the 
r e qui r ements con t ained in this Rule; 
f2) — not p ackage wastes for dis p osal in ca r dboard o r 
fibe r board boxes; 

(3^ p ackage liquid was t e in sufficien t absorben t mate r ial 

t o abso r b t wice the volume of the liquid; 

(4^ limi t the volume of f r eestanding liquid in solid 

wast e s containing liquid t o as little freestanding and 
non-co r rosive liquid as is r easonably achievabl e , but 
in no case t o mo r e t han one p e r cent of the volume; 

(5^ lin^t wastes to those which a r e not readily ca p able of 

de t onation or of ex p losive decom p osition o r r eaction 
a t nornial p ressu r es and temperatures, or of explosive 
reaction with wate r: 
(6) — e xcept for r adioactiv e gaseous waste p ackag e d in 
acco r dance with Subparag r a p h (a)(8) of this Rule, 
liniit wast e s to those which do not contain, o r are no t 
ca p able of gene r a t ing quantities of toxic gases, 
vapo r s, or fumes hai ' mful to persons trans p o rt ing, 
handling, or disposing of t h e waste ; 

(?) t r e at, pre p are and p ackage p y r o p ho r ic ma t e r ials 

contained in waste in a mamie r t o r end er t h e m 
nonflammable ; 

(S) p ackage wastes in a gaseous form a t an absolute 

p r essu r e tha t does no t exceed 1.5 a t mospheres a t 20 
degrees C and limi t tlie t otal ac t ivi t y to no mo r e t han 
100 curi e s p e r con t aine r ; and 

(9) treat — wastes — containing — hazardous, — bi o logical, 

p athogenic, o r infec t ious mate r ial to r educe the 

p oten t ial hazard fr om the non- r adiological ma t e r ial t o 

the maximum exten t p racticable. 

tb) — Stability is int e nd e d to ensur e t hat the waste does no t 

deg r ade and affec t overall stability of the sit e th r ough 

slum p ing, colla p se, o r othe r failu r e of the disposal uni t and 

thereby lead to water infilt r ation. Stability is also a fac t o r in 

limiting e x p osu re to an inadve rt ent int r ude r , since it pr ovides 

a recognizable and nondis p e r sible waste. — The licensee shall 

comply with the following r equi r ements, which are intended to 

pr ovid e s t ability of waste, when the waste is either Class D or 

Class C waste. 

ft) The licensee shall ensu r e tha t the waste has st r uc t u r al 

stabili t y. — A s tr uc t u r ally stable waste form will 
generally main t ain its physical dimensions and its 
foiiii unde r th e ex pe ct e d dis p osal conditions such as 
weiglit of ove r burden and compaction equi p ment, the 



(2) No t withs t anding the p r ovisions in Subparagraphs 

(a)(3) and (4) of this Rule, th e lic e nsee shall conver t 
liquid was te s o r wastes containing liquids into a form 
that contains as lit t le freestanding and nonco r rosive 
liquid as is r easonably achievable; but in no case 
mo r e than one p e r cent of the volume of th e wast e 
when the waste is in a dis p osable containe r designed 
to e nsu r e stability; or 0.5 p ercent of the volume of 
t he waste fo r wast e p rocessed to a stable form. 

(3) — The licensee shall r educe void s p aces within the 
wast e and between the wastes and its p ackage to the 
ex t en t pr acticable. 

Authority G.S. 104E-7(2). 

.0427 LABELING 

The licensee shall clearly lab e l e ach p ackage of wast e to 
identify th e waste as Class A. Class D or Class C wast e as 
determined in acco r dance with the pr ovisions of Rule .0425 of 
this Section. 

Authority G.S. 104E-7(2). 



.0428 



TRANSFER OF RADIOACTIVE WASTE 
FOR DISPOSAL AND MANIFESTS 



ifes t which 



(ct) — The licens ee shall prep ar e a shi p ment manit 
shall accompany each shi p men t of waste and which shall 
include the following informa t ion. 

til the name, address and tele p hon e numbe r of the 

p e r son gene r a t ing t he wast e : 

(2) th e nam e , addr e ss and telephone numbe r of the 

p e r son tr ans p o r ting t he wast e t o th e waste dis p osal 
facili t y; 

(3) as complete a statemen t as pr acticable of th e 

following information: 

(tV) a p hysical desc r i p tion of the waste, 

fB) th e wast e volum e . 

(€) t he r adionuclide identi t y and quantity. 






the t otal quantity of r adioactivity. 
-the — total — quanti t y — of th e — r adionuclides; 
hydrogen-3. carbon- 14. technctium-9 9 and 
iodine- 12 9 . and 

fF) the pr inci p al chemical form; 

(4) th e solidification agent, if any ; 

(5) if the waste contains mor e than 0. 1 pe rcent ch e lating 

agents by weigh t , the identi t y and estimated weight 
p e r c e nt of th e ch e lating ag e nts; and 



t6h 



a cl e ar statement of th e wast e class, if d e t e rmined to 
be eithe r Class A, Class D o r Class C waste p u r suan t 
to the pr ovisions of Rule .0425 of this Section. 
fb) — In each manifest th e wast e gen er ato r shall includ e a 

pr esenc e of mois t u r e and mic r obial ac t ivity, and ce r tification that the t r ans p o r ted — ma t e r ials are pr o p e r ly 

in t e r nal facto r s such as r adiation effects and chemical 

changes. St r uctu r al stability can b e provided by the 



classified, desc r ibed, p ackaged, marked, a n d labeled and a r c in 
pr o p o er condition fo r t r ans p o r tation acco r ding to the a pp licabl e 



waste form its e lf, p rocessing the was t e t o a stable regula t ions of the U.S. De p artmen t of T r ans p onation and the 
form, or placing the waste in a dis p osal containe r o r 
s tr uctu r e that p rovides stability afte r dis p osal. 



agency. — An authorized re p r e sentative of th e waste gene r ato r 
shall sign and date the manifest. 



12:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



791 



PROPOSED RULES 



(l) Tlie manifes t icquircd in Pai ' agraph (a) of this Rul e may 
be — shi pp ing — p a p e r s — oscd — to — meet — V^. — De p ar t ment of 
Trans p o r tation or U.S. envi r onmental P r otec t ion Agency 
regulations o r r equirements of t he re ceive r , provided all 
information requi re d in Pa r ag r a p hs (a) and (b) of t his Rule is 
included. 

(d) Any licensee who t r ansfe r s waste to a licensed land waste 
disposal facility o r a licensed waste collecto r shall comply with 
the requirements in Sub p a r agraphs (d)(1) through (8) of this 
Rul e . — Any licensee who transfe r s waste t o a licensed was t e 
processor who treats or re p ackages was t e shall comply with t he 
requi r ements in Sub p arag r a p hs (d)(4) th r ough (8) of this Rule. 
Th e licensee shall : 



<-H- 



Section — and — meets — the — waste — chai - acte r is t ics 
r e qui r ements in Rule .0426 of t his Section ; 

(5j lab e l each p ackage of waste as Class A. Class D o r 

Class C as dete r mined in acco r dance with the 
provisions of Rule .0425 of this Sec t ion: 

t^l conduct — a — quality — cont r ol — p r og r am — tt) — assu r e 

complianc e with the provisions of Rules .0425 and 
.0426 of this Section and t o include managemen t 
evaluation of audits ; 

i^ pr e p are shi pp ing manifests in acco r dance with the 

provisions of Parag r a p hs (a) and (b) of t his Rule; 

(5^ at the time of shipment, foi^ard a co p y of the 

manifest to tlie in t ended r eci p ien t; o r . at t he time the 
waste IS collected, have the collecto r acknowledge 
r ecei pt by sig r ung the licensee's co p y of th e manif e s t 
and pr ovide a co p y of the manifest to the collecto r: 

i6i include on e co p y of the manifest with t he shipmen t : 

tfp) r e tain a co p y of the manif e s t , with documen t ation of 

acknowledgem e n t of r ecei pt , as the r ecord of transfer 
of licensed mate r ial as r e qu ire d in Rules .01 15 and 
.0417 of this Cha p t er : and 

tSl conduc t — an — investigation — m — acco r dance — with 

Parag r a p h (g) of this Rule for any shipmen t s o r any 
p a r t of a shipmen t fo r which notification of re ceipt 
has no t been r eceived within 20 days after t r ansfe r . 

(r) 7%Tty — waste collecto r licensee — who handles only 

pr e p ackaged waste shall : 

(1) acknowledge r ecei p t of the waste f r om the gene r ato r 
wi t hin one w ee k of re c e i p t by r et u r ning a sign e d 
co p y of the manifest to the gene r ato r ; 

<-2l p re p a r e — a — new — manifest — which — shaH — re fl e c t 

consolidat e d shi p ments, se r ve as a listing o r ind e x 
fo r the detailed gene r ato r manif e sts, and include 
co p i e s of th e g e ne r ato r manifests; o r prep are a new 
manifest without attaching the gene r ato r manif e sts, 
provided the new manif e st contains fo r each packag e 
the information s p ecitl e d in Paragra p h (a) of this 



Rtrfe^ 



t* 



■) c er titS ' tliat notliing has been done to the was t e which 

would invalidate the genera t or's ce rt ifica t ion: 

f4) fo r wa r d a co p y of the new manif e s t to t he land 

disposal facility o p e r ator at the time of shipment; 



(5^ include the new manifes t with th e shi p ment to th e 

dis p osal si te : 

(61 r etain a co p y of the manifest with documentation of 

acknowledgement of r ecei p t as the r eco r d of transfer 
of licensed r adioactive material as r equi r ed in Rules 



.0115 and .0116 of 



tjtm 
thts — Cha p t e r, 



and — ret ain 



infuiuiatiuii — from — g e ne r ator — manif e sts — trrtttf 
dis p osition is authorized by the agency; and 

iffi conduct — an — inv e stigation — in — accordance — with 

Parag r a p h (g) of this Rule fo r any shipments or any 

p art of a shi p men t fo r which notification of receipt 

has no t b ee n r e ceiv e d within 20 days after transfer. 

(f) Any licensed waste pr oc e sso r who treats o r r e p ackages 



prepare all wastes so that the waste is classified in wastes shall 
acco r dance with the p r ovisions of Rule .042 5 of this 



t+1 acknowledge r ecei p t of the waste from the gen e rator 

within one week of r ecei p t by r e turning a sign e d 
co p y of t h e manifest to the gene r ato r : 



m 



prep ar e 

of Parag r a p hs (a 



a n e w manifest that meets th e 



r equirements 
(b) and (c) of this Rule, thereby 



r eflecting the fact that the p rocesso r is r es p onsible 
fo r the was t e, 

(31 prep ar e all was t es so tha t th e waste is classifi e d in 

acco r dance with the provisions of Rul e .0425 of this 
Sec t ion — and — me e ts — the — waste — characteristics 
requiremen t s in Rule .0426 of this Section; 

(41 label e ach p ackage of was t e as Class A, Class D or 

Class C as de t ermined in accordance with the 
pr ovisions of Rules .0425 and .0427 of this Sec t ion; 

(51 conduct — a — quality — cont r ol — pr og r am — to — assu re 

com p liance with th e pr ovisions of Rul e s .0425 and 
.0426 of this Section and to include managemen t 
e valua t ion of audits: 

(61 at the time of shi p m e n t , fo r ward a co p y of the 

manifest to tlie intended r eci p ient; o r , at the time the 
wast e IS coll e ct e d, have the collec t or acknowl e dg e 
r ecei p t by signing th e lic e ns ee 's co p y of the manifest 



and- 



of the manifest to the collecto r ; 



fF)- 



pr ovide a co p y 
include the new manifest with the shi p m e n t : 



(81 re tain a co p y of th e manifest, with documentation of 

acknowl e dgement of re cei p t, as th e re co r d of t r ansfe r 



of licensed mate r ial as r equi 
.0417 of this Cha p te r ; and 



r ed in Rules .01 15 and 



th 



(9l conduct — an — investigation — in — acco r dance — wt 

Parag r a p h (g) of this Rule fo r any shi p ments o r any 
p an of a shipm e nt fo r which notification of r ecei p t 
has not been r eceived within 20 days af t e r t r ansfe r , 
(g) Any r adioactiv e wast e dis p osal facility o p e r ato r shall: 

(+1 acknowl e dg e re c e ipt of the wast e within one week of 

re cei p t by re turning a sign e d copy of the manifest o r 
equivalent documentation to the shi pper , whe re such 



th 



;r is the licensee who last p ossessed the waste 



i pper IS the licensee who last p os 
and t r ansf err ed the wast e to th e o per ato r ; 

(21 indicate on t he r etu r ned co p y of the manifest o r 

equivalent documentation in Subparag r a p h (g)(1) of 
this Rul e any disc r e p ancies between mate r ials listed 
on the manifest and mate r ials re ceiv e d: 

(31 maintain copies of all complet e d manif e sts or 



792 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



PROPOSED RULES 



equivalen t documenta t ion until the agency autho r izes 
t hei r dispoMion; and 

(4) noti f y the shi pp e r (e.g., the genera t or, the coll e ct or , 

or processor) and the agency when any shipmen t o r 

part of a shipment has not ar r ived within 60 days 

af t er the advance manifes t was r eceived. 

(li) If the shipper does not r eceive a notification of r ecei pt 

for any shipment o r any p art of a shipmen t within 20 days afte r 

transfer, the shipper shall conduct an inv e stigation, t o include 

a trace of the shipment. The shipper and any othe r licensee 

who conducts a t rac e investiga t ion shall file a wri tt en r e p o rt 

with t he agency within t wo weeks o f the completion of the 

investiga t ion. 

Authority G.S. 104E-7(2), (3); 104E-12(a). 

SECTION .1600 - STANDARDS FOR 
PROTECTION AGAINST RADIATION 

.1601 PURPOSE AND SCOPE 

(a) The rules in this Section establish standards for 
protection against ionizing radiation resulting from activities 
conducted under licenses and registrations issued by the agency 
pursuant to the rules in this Chapter. 

(b) It is the purpose of the rules in this Section to control the 
receipt, possession, use, transfer, and disposal of sources of 
radiation by any licensee or registrant in such a manner that the 
total dose to an individual, including doses resulting from all 
sources of radiation other than background radiation, does not 
exceed the standards for protection against radiation prescribed 
in the rules in this Section. However, nothing in this Section 
shall be construed as limiting actions that may be necessary to 
protect health and safety. 

(c) The rules in this Section apply to persons licensed or 
registered by the agency to receive, possess, use, transfer, or 
dispose of radioactive material or other sources of radiation. 
The limits in this Section do not apply to doses due to 
background radiation, to exposure of patients to radiation for 
the purpose of medical diagnosis or therapy, or to voluntary 
participation in medical research pr og r ams, programs, or to 
exposure from individuals administered radioactive material and 
released in accordance with Rule .0358 of this Chapter. 

(d) Nothing in this Section shall relieve a licensee engaged 
in operation of a radioactive waste disposal facility, as defined 
in Rule .0104 of this Chapter, from responsibility for 
complying with the requirements in Section .1200 of this 
Chapter. 

(e) Effective January 1, 1994 all licensees and registrants 
shall comply with the rules in this Section and cease to comply 
with the requirements in Section .0400 of this Chapter, except 
as provided otherwise in Rule . 1602 of this Section. 

Authority G.S. 104E-7(a)(2). 

.1603 RADIATION PROTECTION PROGRAMS 

(a) Each licensee or registrant shall develop, document, and 
implement a radiation protection program commensurate with 



the scope and extent of licensed or registered activities and 
sufficient to ensure compliance with the provisions of this 
Section. Recordkeeping requirements relating to these 
programs are provided in Rule . 1636 of this Section. 

(b) The licensee or registrant shall use, to the extent 
practicable, procedures and engineering controls based upon 
sound radiation protection principles to achieve occupational 
doses and doses to members of the public and releases of 
radioactive materials in effluents to unrestricted areas that are 
as low as is reasonably achievable (ALARA). 

(c) The licensee or registrant shall aimually review the 
radiation protection program content and implementation. 

(d) To implement the ALARA requirements of Paragraph (b) 
of this Rule, and notwithstanding the requirements of Rule 
.161 1 of this Section, a constraint on air emissions of 
radioactive material to the environment, excluding Radon-222 
and its daughters, shall be established by licensees such that the 
individual member of the public likely to receive the highest 
dose will not be expected to receive a total effective dose 
equivalent in excess of 0.01 rem (0. 1 mSv) p er year from these 
emissions. If a licensee subject to this requirement exceeds this 
dose constraint, the licensee shall report the exceedance as 
provided in Rule .1647 of this Section and promptly take 
appropriate corrective action to ensure against recurrence. 

Authority G.S. W4E-7(a)(2). 

.1611 DOSE LIMITS FOR INDIVIDUAL 
MEMBERS OF THE PUBLIC 

(a) Each licensee or registrant shall conduct operations so 
that: 

(1) The total effective dose equivalent to individual 
members of the public from the licensed or registered 
operation does not exceed 0. 1 rem (1 mSv) in a year, 
exclusive of the dose contribution from the licensee's 
disposal of radioactive material into sanitary 
sewerage in accordance with Rule .1630 of this 
Section: Section, from any medical administration 
the individual has received, from exposure to 
individuals administered radioactive material and 
released in accordance with Rule .0358 of this 
Chapter and from voluntary participation in medical 
research programs: and 

(2) The dose in any unrestricted area from external 
sources of r adiation radiation, exclusive of the dose 
contribution from patients administered radioactive 
material and released in accordance with Rule .0358 
of this Chapter, does not exceed 0.002 rem (0.02 
mSv) in any one hour. 

(b) If the licensee or registrant permits members of the 
public to have access to controlled areas, the limits for 
members of the public continue to apply to those individuals. 

(c) A licensee, registrant, license applicant or registration 
applicant may apply to the agency for prior authorization to 
operate up to an annual dose limit for an individual member of 
the public of 0.5 rem (5 mSv). The licensee, registrant, license 
applicant or registration applicant shall include the following 



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793 



PROPOSED RULES 



(5) 



(6) 



(b) 



information in this application: 

(1) demonstration of the need for and the expected (4) 
duration of operations in excess of the limit in 
Paragraph (a) of this Rule; 

(2) the licensee's program to assess and control dose 
within the 0.5 rem (5 mSv) annual limit; and 

(3) the procedures to be followed to maintain the dose as 
low as is reasonably achievable. 

(d) The agency may impose additional restrictions on 
radiation levels in imrestricted areas and on the total quantity of 
radionuclides that a licensee may release in effluents in order to 
restrict the collective dose. 

Authority G.S. 104E-7(a)(2). 

.1620 USE OF INDIVIDUAL RESPIRATORY 
PROTECTION EQUIPMENT 

(a) If the licensee uses respiratory protection equipment to 
limit intakes pursuant to Rule . 1619 of this Section the licensee 
shall: 

(1) use only respiratory protection equipment that is 
tested and certified or had certification extended by 
the National Institute for Occupational Safety and 
Health/Mine Safety and Health Administration 
(NIOSH/MSHA); 

(2) if the licensee wishes to use equipment that has not 
been tested or certified by NIOSH/MSHA, has not (1) 
had certification extended by NIOSH/MSHA, or for 
which there is no schedule for testing or certification, 
submit an application for authorized use of that 
equipment, including a demonstration by testing, or 
a demonstration on the basis of reliable test 
information, that the material and performance 
characteristics of the equipment are capable of 
providing the proposed degree of protection under 
anticipated conditions of use; 

(3) implement and maintain a respiratory protection 
program that includes: 

(A) air sampling sufficient to identify the potential 
hazard, permit proper equipment selection, 
and estimate exposures; 

(B) surveys and bioassays, as appropriate, to 
evaluate actual intakes; 

(C) testing of respirators for operability 
immediately prior to each use; 

(D) written procedures regarding selection, fitting, 
issuance, maintenance, and testing of 
respirators, including testing for operability 
immediately prior to each use; supervision and 
training of persormel; monitoring, including 
air sampling and bioassays; and record (2) 
keeping; and 

(E) determination by a physician prior to initial 
fitting of respirators, and at least every 12 
months thereafter or periodically at a 
frequency determined by a physician, that the 
individual user is physically able to use the 



respiratory protection equipment; 
issue a written policy statement on respirator usage 
covering: 



(A) 



engineering 



(B) 



(C) 



the use of process or other 

controls, instead of respirators; 

the routine, non-routine, and emergency use 

of respirators; and 

the periods of respirator use and relief from 

respirator use. 
advise each respirator user that the user may leave 
the area at any time for relief from respirator use in 
the event of equipment malfunction, physical or 
psychological distress, procedural or communication 
failure, significant deterioration of operating 
conditions, or any other conditions that might require 
such relief; and 

use equipment within limitations for type and mode 

of use and shall provide proper visual, 

communication, and other special capabilities, such 

as adequate skin protection, when needed. 

In estimating exposure of individuals to airborne 

radioactive materials, the licensee may make allowance for 

respiratory protection equipment used to limit intakes pursuant 

to Rule .1619 of this Section, provided that the following 

conditions, in addition to those in Paragraph (a) of this Rule, 

are satisfied: 

The licensee selects respiratory protection equipment 
that provides a protection factor, as specified in 
Appendix A to 10 CFR §§ 20.1001 - 20.2401, 
greater than the multiple by which peak 
concentrations of airborne radioactive materials in 
the working area are expected to exceed the values 
specified in Appendix B to 10 CFR §§ 20.1001 - 
20.2401, Table 1, Column 3. If the selection of a 
respiratory protection device with a protection factor 
greater than the peak concentration is inconsistent 
with the goal specified in Rule . 1619 of this Section 
of keeping the total effective dose equivalent 
ALARA, the licensee may select respiratory 
protection equipment with a lower protection factor 
only if such a selection would result in keeping the 
total effective dose equivalent ALARA. The 
concentration of radioactive material in the air that is 
inhaled when respirators are worn may be initially 
estimated by dividing the average concentration in 
air, during each period of uninterrupted use, by the 
protection factor. If the exposure is later found to be 
greater than estimated, the corrected value shall be 
used. If the exposure is later found to be less than 
estimated, the corrected value may be used. 
The licensee shall obtain authorization from the 
agency before assigning respiratory protection factors 
in excess of those specified in Appendix A to 10 
CFR §§ 20.1001 - 20.2401. The agency may 
authorize a licensee to use higher protection factors 
on receipt of an application that: 
(A) describes the situation for which a need exists 



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PROPOSED RULES 



for higher protection factors, and 
(B) demonstrates that the respiratory protection 
equipment provides these higher protection 
factors under the proposed conditions of use. 

(c) The licensee shall use as emergency devices only 
respiratory protection equipment that has been specifically 
certified or had certification extended for emergency use by 
NIOSH/MSHA. 

(d) The licensee shall notify the agency, in writing, at least 
30 days before the date that respiratory protection equipment is 
first used imder the provisions of either Paragraph (a) or (b) of 
this Rule. 

Authority G.S. 104E-7(a)(2); 104E-12(a). 

AMI REPORTS OF RADIATION EXCEEDING 
THE LIMITS 

(a) In addition to the notification required by Rule . 1646 of 
this Section, each licensee or registrant shall submit a written 
report within 30 days after learning of any of the following 
occurrences: 

(1) any incident for which notification is required by 
Rule .1646 of this Section; 

(2) doses in excess of any of the following: 

(A) the occupational dose limits for adults in Rule 
.1604 of this Section; 

(B) the occupational dose limits for a minor in 
Rule . 1609 of this Section; 

(C) the limits for an embryo/fetus of a declared 
pregnant woman in Rule . 1610 of this Section; 

(D) the limits for an individual member of the 
public in Rule .1611 of this Section; or 

(E) any applicable limit in the license; or 

(F) The ALARA constraints for air emissions 
established in Rule .1603 of this Section; 

(3) levels of radiation or concentrations of radioactive 
material in: 

(A) a restricted area in excess of any applicable 
limit in the license; or 

(B) an unrestricted area in excess of 10 times any 
applicable limit set forth in this Section or in 
the license, whether or not involving exposure 
of any individual in excess of the limits in 
Rule .1611 of this Section. 

(b) Each report required by Paragraph (a) of this Rule shall 
describe the extent of exposure of individuals to radiation and 
radioactive material, including, as appropriate: 

(1) estimates of each individual's dose; 

(2) the levels of radiation and concentrations of 
radioactive material involved; 

(3) the cause of the elevated exposures, dose rates, or 
concentrations; and 

(4) corrective steps taken or planned to ensure against a 
recurrence, including the schedule for achieving 
conformance with applicable limits, ALARA 
constraints, generally applicable environmental 
standards, and associated license conditions. 



(c) Each report filed pursuant to Paragraph (a) of this Rule 
shall include for each occupationally overexposed individual: 
ex p osed : the name, social security account number, and date of 
birth. With respect to the limit for the embryo/fetus required 
by Rule .1610 of this Section, the identifying information shall 
be that of the declared pregnant woman. The report shall be 
prepared so that this information is stated in a separate and 
detachable part of the report. 

(d) Reports made by licensees or registrants in response to 
the requirements of this Rule shall be addressed to the agency 
as specified in Rule .0111 of this Chapter. 

Authority G.S. 104E-7(a)(2); 104E-12(a). 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 
CHAPTER 2 - BOARD OF ARCHITECTURE 

Notice is hereby given in accordance with G.S. 150B-2I.2 
that the Board of Architecture intends to amend rule cited 
as 21 NCAC 2 .0213; and adopt rules cited as 21 NCAC 2 
.0901 - .0910. Notice of Rule-making Proceedings was 
published in the Register on August 15, 1997. 

Proposed Effective Date: My 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on 
November 19, 1997 at the Archives and History/State Library 
Building, Conference Room 211, 109 East Jones Street, 
Raleigh, NC. 

Reason for Proposed Action: 

21 NCAC 2 .0213 - Provides for the administration and 

enforcement of the continuing education requirements during 

the registration renewal period. 

21 NCAC 2 .0901 - .0910 - Sets out the continuing education 

requirements for licensure renewal. No provision for 

continuing education exists. Due to the increasing complexity 

of building design, as well as potential impediments to 

reciprocity, the Board believes it is in the best interest of the 

public and the profession to require continuing education for 

those it licenses. 

Comment Procedures: Any person interested in these Rules 
may present oral comments relevant to the action proposed at 
the public rule-making hearing or deliver written comments to 
the Board office not later than January 2, 1998. Anyone 
planning to attend the hearing should notify the Board office by 
noon Friday, November 14, 1997 whether they wish to speak on 
the proposals. Speakers will be limited to 7 minutes. 

Fiscal Note: Rule 21 NCAC 2 .0213 does not affect the 
expenditures or re\enues of state or local government funds and 
does not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. Rules 21 
NCAC 2 .0901 - .0910 do affect the expenditures or revenues 



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795 



PROPOSED RULES 



of state and local government funds and these Rules do have a 
substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 

SECTION .0200 - PRACTICE OF ARCHITECTURE 

.0213 INDIVIDUAL LICENSES 

(a) Renewal. Licenses must be renewed on or before the 
first day of July in each year. No less than 30 days prior to the 
renewal date, a renewal application shall be mailed to each 
individual licensee. The licensee shall be required to provide 
to the Board certain information, including continuing 
education credit earned, which is relevant to the architect's 
professional practice. The completed form for license renewal, 
along with the annual license renewal fee shall be forwarded to 
the Board. If the application form is incomplete or the annual 
renewal fee is not paid, the application for renewal shall not be 
accepted. Also, if the accompanying draft or check in the 
amount of the renewal fee is dishonored by the architect's 
drawee bank for any reason, the annual license renewal shall be 
deemed to be not renewed. Once the annual renewal has been 
completed according to the provisions of G.S. 83A-1 1 , as well 
as Section .0900 of these Rules, the Executive Director shall 
issue to the licensee a current license for the ensuing year. 

(b) Late Renewal and Reinstatement. If the Board has not 
received the aimual renewal fee and completed application on 
or before August 1st, the license shall be deemed automatically 
revoked. The license may be renewed at any time within one 
year following August 1st, upon the return of the completed 
application, the annual renewal fee and the late renewal 
p enalty, penalty and compliance with Section .0900 of these 
Rules. After one year from the date of revocation for 
non-payment of the annual renewal fee, reinstatement shall 
occur according to the directives of G.S. 83A-1 1. G.S. 83A-11 
and Section .0900 of these Rules. 

Authority G.S. 83A-6: 83A-11. 

SECTION .0900 - CONTINUING EDUCATION 

.0901 SCOPE 

(a) The rules in this Section set forth the continuing 
education requirements for registration renewal beginning with 
the 2000-2001 renewal year. 

(b) These Rules shall apply to every active registrant except 
those excepted by Rule .0906 of this Section. 

Authority G.S. 83A-6(a)(4); 83A-6(a)(5); 83A-11. 

.0902 DEFINITIONS 

The following definitions shall apply: 

(1) "Learning Unit" means the length of the program 
activity (seat time) multiplied b^ the educational 
quality level. 

(2) "Passive Learning" is quality level one for each hour 
of involvement in an activity with a clearly defined 
professional development purpose. 



(3) "Interactive Learning" is quality level two for each 
hour of activity for courses that offer significant 
interaction between the instructor and the registrant. 

(4) "Interactive Learning with Feedback" is quality level 
three for each hour of activity for quality level two 
requirements plus formal relevant feedback. 

Authority G.S. 83A-6(a)(4); 83A-6(a)(5); 83A-11. 

.0903 REQUIREMENTS 

Every registrant shall be required to obtain 36 Learning Units 
for each 12 month period from July 1 to June 30. 

(1) Of the 36 required Learning Units, there shall be 24 
Learning Units in relevant technical and professional 
architectural subjects directly related to safeguarding 
health, safety and welfare. 

(2) Registrants shall not carry forward any Learning 
Units into the subsequent period. 

(3) Registrants shall verify completion of the Learning 
Units with registration renewal. 

Authority G.S. 83A-6(a)(4); 83A-6(a)(5): 83A-U, 

.0904 DETERMINATION OF CREDIT 

The Board has final authority with respect to approval of 
courses, programs, and Learning Unit values. 

(1) Credit for attendance participation in professional 
association educational activities, and from 
independent sources shall be based upon actual 
activity time of each program, unless the course 
sponsor adequately documents a higher number of 
Learning Units on a form the Board may provide. 

(2) Credit for programs sponsored and/or approved by 
the American Institute of Architects shall be 
approved for the Learning Units assigned by the 
American Institute of Architects, including the 
Architect Development Verification Program of the 
National Council of Architectural Registration 
Boards (NCARB). 

£3} Credit for teaching or instructing qualifying courses 
or programs shall be twice the Learning Units earned 
by participants and shall be claimed for credit only 
once. 

Authority G.S. 83A-6(a)(4); 83A-6(a)(5); 83A-11. 

.0905 RECORD KEEPING 

(a) It is the responsibility of tlie re gistrant to maintain 

records to support credits claimed. Records required include: 

(1) A log showing the type of activity claimed. 

sponsoring organization, location, duration, the name 

of the instructor or speaker and Learning Units 

earned: or 

£21 Attendance certificates or other evidence of 

participation: or 

(3) Records maintained by the American Institute of 
Architects Continuing Education System(AIA/CES). 



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PROPOSED RULES 



(b) Records shall be retained by the registrant for a period 
of three years and provided to the Board upon request. 

Authority G.S. 83A-6(a)(4); 83A-6(a)(5); 83A-11. 

.0906 EXCEPTIONS 

A registrant shall be exempt from the continuing education 
requirements for one of the following reasons: 

(1) New registrants by way of examination or reciprocity 

for the current registration year. 
£2} A registrant serving on temporary active duty in the 
armed forces of the United States for a period of time 
exceeding 90 consecutive days in a year. 

(3) Registrants experiencing physical disability or illness 
if supporting documentation is approved h^ the 
Board. 

(4) Registrants who receive emeritus status from the 
Board. In order to return to active practice, 
registrants shall complete continuing education 
requirements for each exempted year not to exceed 
two years. 



(a) If anx credits are disallowed by the Board, then the 
registrant shall have 90 calendar days after notification to 
substantiate the original claim or obtain other Learning Units 
to meet the minimum re quirements. 

(b) Failure to comply with the requirements of this Section 
shall result in non-renewal of registration with the following 
exceptions: 

(1) After the First year of implementation of these 
requirements, the registrant shall be renewed but a 
two hundred, fifty dollars ($250.00) civil penalty 
shall be imposed upon the registrant, said civil 
penalty to be stayed and shall be dismissed if the 
required Learning Units are earned prior to the next 
renewal. 

(2) After the second year of implementation of these 
requirements, the registrant shall pay the civil 
penalty of two hundred, fifty dollars ($250.00). 

Authority G.S. 83A-6(a)(4); 83A-6(a)(5); 83A-11. 



Authority G.S. 83A-6(a)(4); 83A-6(a)(5); 83A-11. 

.0907 REINSTATEMENT 

A former registrant may only apply for reinstatement 
pursuant to G.S. 83A-11 if he has earned all delinquent 
Learning Units with the 12 months preceding the application. 
However, if the total number of Learning Units required to 
become current exceeds 72. then 72 shall be the maximum 
number required. Of the 72 Learning Units. 48 shall be 
directly related to health, safety and welfare. 



CHAPTER 46 - BOARD OF PHARMACY 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Board of Pharmacy intends to 
adopt rule cited as 21 NCAC 46 .1813, amend .1601. .1603 - 
.1604, .1804, .1810, .2103, .2201, .2301. Notice of Rule- 
making Proceedings was published in the Register on August 1, 
1997. 

Proposed Effective Date: August 1, 1998 



Authority G.S. 83A-6(a)(4); 83A-6(a)(5): 83A-11. 

.0908 RECIPROCITY 

The requirements of North Carolina shall be deemed satisfied 
by a non-resident registrant provided: 

(1) Registrant provides evidence of having met the 
requirements of his resident Jurisdiction: and 

(2) The same jurisdiction accepts the North Carolina 
continuing education requirements as satisfying their 
requirements. 

Authority G.S. 83A-6(a)(4); 83A-6(a)(5); 83A-11. 

.0909 FORMS 

All renewal applications shall require the completion of a 
continuing education form specified by the Board documenting 
the Learning Units claimed for the renewal period. The 
registrant shall supply sufficient detail to permit audit 
verification and shall certify and sign the continuing education 
form with the renewal application and fee. 

Authority G.S. 83A-6(a)(4); 83A-6(a)(5); 83A-11. 

.0910 NON-COMPLIANCE 



A Public Hearing will be conducted at 9:30 a.m. on December 
17, 1997 at the Mountain Area Health Education Center, 501 
Biltmore Avenue, Classroom 5, Asheville, NC. 

Reason for Proposed Action: 

21 NCAC 46 .1601 - to specify that no more than nvo 

unlicensed personnel who spend a majority of their time 

performing functions constituting dispensing shall be on duty 

in the pharmacy per pharmacist on duty. 

21 NCAC 46 .1603 - to specify when new permits are 

required. 

21 NCAC 46 .1604 - to specify when a permit can be 

transferred. 

21 NCAC 46 .1804 - to require no alteration of prescription 

orders by a party outside the practitioner-phannacist-patient 

relationship and to specify requirements for delivery of 

prescription orders to a patient off site. 

21 NCAC 46 .1810 - to specify compounding requirements. 

21 NCAC 46 .1813 - to specify requirements for electronically 

transferred prescription orders. 

21 NCAC 46 .2103 - to require a health care facility 

pharmacist to be a member of the Board and to change 

geographic representation areas from 5 to 4. 

21 NCAC 46 .2201 - to specify requirements for an Inactive 



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PROPOSED RULES 



pharmacist. 

21 NCAC 46 .2301 - to require the indication for the drug 

prescribed to be on the prescription order. 

Comment Procedures: Persons wishing to present oral data, 
viev,'s or arguments on a proposed rule or rule change, may file 
a notice with the Board at least 10 days prior to the public 
hearing at which the person wishes to speak. Comments should 
be limited to 10 minutes. The Board's address is Post Office 
Box 459, Carrboro, North Carolina 27510-0459. Written 
submission of comments or argument will be accepted at any 
time up to and including December 1 7, 1997. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 1 2-month period. 

SECTION .1600 - LICENSES AND PERMIT 

. 1 60 1 PHARMACY PERMITS 

(a) Applications for pharmacy permits, whether original or 
renewal, shall be made upon forms provided by the Board. The 
Board shall not issue any original or annual renewal pharmacy 
permit until the Board is satisfied that: 

(1) The pharmacist-manager is sure that at all times 
adequate qualified personnel has been secured by the 
management of the store to properly render 
pharmaceutical service in the manner prescribed by 
law. 

(2) Any and all unlicensed cle r ks personnel have been 
instructed that they may r ende r p haiinaccutica] 
se r vice perform functions constituting dispensing 
only as an aid to and under the immediate 
supervision of a registered pharmacist. No more 
than two unlicensed personnel who spend a majority 
of their time performing functions constituting 
dispensing shall be on duty in the pharmacy per 
pharmacist on duty. 

(3) The following minimum technical equipment is 
maintained: 

(A) Graduates. Capable of accurately measuring 
volumes from 1 ml to at least 500 ml; 

(B) Mortars and pestles: 

(i) one — glass; 
(ii) one - "Wedgwood"; 

(C) Stirring Rods. Two different sizes made of 
glass or rubber; 

(D) Ointment slab or suitable substitute; 

(E) Class A prescription or electronic balances and 
appropriate weights, suitable for all required 
weighings, at least one of which must be 
sensitive to six mg; 

(F) Suitable facilities for recording and filing 
prescriptions as required by G.S. 90-85.26; 

(G) Spatulas: 

(i) stainless steel, at least three assorted 



(H) 



sizes; 
(ii) non-metallic, one of any size; 
Useable Supplies. Equipped with safety 
closures where required: 



(i) 



bottles, 1 to 32 fluid 



(I) 
(J) 

(K) 



prescription 
ounces; 
(ii) dropper bottles, Vi to 2 fluid ounces; 
(iii) assorted pill and tablet containers; 
(iv) empty capsules. No. 00 to No. 3; 
(v) powder papers; 
(vi) ointment jars, assorted; 
(vii) prescription labels; 
(viii) all appropriate auxiliary labels; 
Heating apparatus; 
Refrigerator; 

Reference library, as follows: 
(i) 



(iii) 



(iv) 



(V) 

(vi) 



the latest edition of the United States 
Pharmacopoeia (US?) and National 
Formulary and supplements thereto or 
a standard commentary thereon; 
(ii) a copy of the pharmacy laws of North 
Carolina, including the North Carolina 
Controlled Substances Act and the rules 
adopted pursuant thereto, and the North 
Carolina Pharmacy Practice Act and the 
rules of the Board; 

a copy of the Federal Controlled 
Substances Act and the regulations 
adopted pursuant thereto; 
a Schedule V controlled substances 
register (where these preparations are 
sold other than on prescriptions); 
a medical dictionary; 
current editions of generally accepted 
reference books on the following 
subjects: 

(I) drug interactions, 
(II) clinical pharmacology, 

(III) USP Dispensing Information or 
its equivalent, and 

(IV) if IV admixture services are 
provided, a reference on 
Parenteral Incompatibilities. 

(4) The pharmacy is equipped with sanitary appliances 
including lavatory facilities with hot and cold 
running water; is adequately lighted; and is kept in a 
clean, orderly, and sanitary condition. 

(5) All prescription medications are labeled in 
accordance with G.S. 106-134 and 106-134.1. 

(b) In addition to the requirements for issuance and renewal 
of a pharmacy permit imposed by a statute and by other rules 
of the Board, a permit shall not be issued or renewed to any 
person to operate a pharmacy wherein the prescriptions of 
medical practitioners are compounded or dispensed and 
distributed when such distribution is effected by mail and the 
practitioner-pharmacist-patient relationship does not exist, until 
the Board is satisfied that: 



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12:9 



PROPOSED RULES 



(1) The pharmacy maintains records of prescriptions 
compounded or dispensed and distributed in maimer 
that is readily retrievable; 

(2) During the pharmacy's regular hours of operation but 
not less than six days per week, for a minimum of 
forty houre per week, a toll-free telephone service is 
provided to facilitate communication between 
patients and a pharmacist at the pharmacy who has 
access to the patient's records. This toll-free number 
must be disclosed on the label affixed to each 
container of dispensed drugs; 

(3) The pharmacy complies with all lawful orders, 
directions, and requests for information from the 
Boards of pharmacy of all states in which it is 
licensed and all states into which it distributes 
prescription drugs; 

(4) The pharmacy complies with all USP and FDA 
requirements regarding the storage, packaging, and 
shipping of prescription medications. The 
pharmacist-manager and all other pharmacists 
employed in the pharmacies permitted pursuant to 
this Paragraph shall be subject to all Federal and 
State statutes and regulations concerning the 
dispensing of prescription medications including, but 
not limited to, 2 1 NCAC 46 . 1 80 1 and . 1 805 and 2 1 
CFR 1306.01, 1306.05, and 1306.21. 

(c) The Board shall not issue an original or renewal permit 
to any person to operate a drugstore or pharmacy as a 
department in or a part of any other business serving the 
general public (except hospitals, nursing homes, and similar 
institutions subject to the provisions of .0300 of this Chapter) 
unless such pharmacy facility: 

(1) is physically separated from such other business; 

(2) is separately identified to the public both as to name 
and any advertising; 

(3) completes all transactions relative to such pharmacy 
within the registered facility; and 

(4) meets the same requirements for registration as all 
other pharmacies. 

(d) Permits to operate pharmacies, whether original or 
renewal, shall be issued to the pharmacist-manager of such 
pharmacy pursuant to a joint application of the owner and 
pharmacist-manager for the conduct and management of said 
pharmacy. The issuance of said permit shall not be complete 
and the permit shall not be valid until it has been countersigned 
by the pharmacist-manager as represented in the application. 
The permit so issued is valid only so long as the pharmacist- 
manager to whom it was issued assumes the duties and 
responsibilities of pharmacist-manager. Permits may be 
reissued at any time to a successor pharmacist-manager 
pursuant to the proper amendment of the application for the 
permit. 

(e) Upon application, the Board may issue and renew 
separate permits for pharmacies operating at one location. 
Records for each permitted pharmacy must be maintained 
separately. Prior to issuance of an original permit, each 
pharmacy shall submit a plan to the Board that shall assure 



accountability for the actions of each pharmacy at the location. 
Authority G.S. 90-85.6; 90-85.21; 150B-11. 

. 1 603 WHEN PERMITS REQUIRED 

fa) A new pharmacy, device, or medical equipment permit 
issued by the Board is required for a new phai ' iiiacy, location. 
a change to a successor business entity, or a change of more 
than 50 percent ownership interest in the entity which owns th e 
phaiiiiacy, permit holder or any parent corporation, except as 
provided in Rule .1604 of this Section. 

(b) A new devic e and medical equi p ment permit is requir e d 
for a new entity o r a change of owne r shi p of an es t ablished 
entity to a successo r busin e ss entity which results in a chang e 
in the cont r olling inte r est of the es t ablished entity. 

Authority G.S. 90-85.6; 90-85.21; 90-85.22. 

. 1604 TRANSFER OF PERMITS ALLOWED 

(a) A valid pliaimacy pharmacy, device, or medical 
equipment permit may be transferred and a new permit is not 
required in the following situations: 

(1) where the change of ownership does not involve the 
acquisition of more than 50 percent interest in the 
e n t ity which owns the phaiiiiacy, permit holder or 
any parent corporation: or 

(2) the pliaiuiacy permit holder is owned by a publicly- 
traded corporation which remains publicly-traded and 
maintains owne r shi p of the pharmacy , continues to 
hold the permit: or 

(3) the plidi iiiacy permit holder is owned — by a 
corporation which is a wholly-owned subsidiary of 
anothe r cor p oration subsidiary, and the r e is no any 
change in the p aren t -subsidiary r elationship, the 
ownership of any parent corporation is due w the 
stock of such corporation being publicly-traded. 

fb) — A valid device and medical equi p ment pciiiiit may be 
transferiTd and a new permit is not re qui re d wh er e a chang e of 
owne r ship of tlic en t ity with a permit r esults f r om a t r ansfe r to 
o r f r om a sole pr o pr ieto r shi p , a p ar t n er shi p , a cor p o r ation, o r 
any o t her business entity if the tr ansfe r docs not involve the 
acquisition of mo re than 50 p erc e nt interest in the en t ity by any 
p a rt y who was not a signato r y on th e o r iginal d e vic e and 
medical equipment pciiuit. 

te)ib] A permit which is involved in a pending disciplinary 
proceeding may not be surrendered, terminated, or transferred. 

Authority G.S. 90-85.6; 90-85.21; 90-85.22. 

SECTION .1800 - PRESCRIPTIONS 

.1804 PRESCRIPTION: RECEIVING AND 
DISPENSING 

(a) In order to assure that the practitioner-pharmacist-patient 
relationship exists and to promote the safe and secure 
distribution of drugs and devices, prescription orders may be 
received for filling and refilling only by a pharmacist or a bona 



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PROPOSED RULES 



fide employee of the pharmacy. The pharmacist-manager of the 
pharmacy shall be ultimately responsible for the safe, lawful 
and secure receipt of prescription orders and delivery of 
prescription drugs. Notwithstanding the provisions of this r ule, 
p rescn p tipn drugs also may be deliver e d by mail in acco r dance 
wi t h the p rovisions of Rule 21 NCAC 46.1601(7). A party 
outside the practitioner-pharmacisi-patient relationship may not 
cause or attempt to cause the alteration of a prescription order. 

(b) In order to promote the safe and secure distribution of 
drugs, devices, and medical equipment, prescription orders may 
be received for filling and refilling only by the person in charge 
of the facilit}' holding the device and medical equipment permit 
or a bona fide employee of the facility. The person in charge 
shall be ultimately responsible for the safe, lawful and secure 
receipt of prescription orders and deliver)' of prescription 
drugs, devices, and medical equipment. 

(c) Prescription drugs, devices and medical equipment may 
be delivered off site to the patient, b^; mail or other^'ise. under 
the following conditions: 

(1) Deliver^- shall be to a person at least eighteen years 
of age, either the patient or another person who 
resides with the patient or is responsible for care of 
the patient. 

(2) At the time of deliver}', the permit holder shall 
proNJde the person accepting delivery with a form to 
sign, which lists the prescription drugs, devices or 
medical equipment delivered and certifies that the 
person acceptmg delivery meets the criteria described 
in this Rule. The form shall be maintained in the 
pharmacy for three years with the other records 
concerning the dispensing of the prescription drugs, 
devices or medical equipment and be readily 
retrievable. 

Authority- G.S. 90-85.6: 90-85.32. 

.1810 COMPOUNDING 

In accordance with G.S. 90-85.3(0 and (r), and 90-85. 6(a). 
the Board has pnmarv iunsdiction o\er compounding occurring 
in locations holdmg a pharmacy permit, and such compounding 
shall comph' with the following: 

( 1) based on the existence of a practitioner-pharmacist- 
patieni relationship and the presentation of a valid 
prescription, or in anticipation of prescription orders 
based on established prescribing patterns, a 
pharmacist ma\' compound a drug product for an 
individual patient. A pharmacist also ma>' compound 
a drug product prior to receiving a valid prescription 
based on a history- of receiving valid prescriptions 
generated within an established practitioner- 
pharmacist-patient relationship. Compounded drug 
products shall not be offered to other entities for 
resale: however. practitioners may obtain 
compounded drug products to administer to patients 
within the scope of their professional practice: 

(2) compounding pharmacies and pharmacists may 
advenise or otherwise promote compounding 



services: however, they may not solicit business by 
offering to compound specific drug products: 

(3) the pharmacist is responsible for all aspects of 
compounding: however, unlicensed personnel 
working under the supervision of the pharmacist may 
assist in compounding: 

(4) drug substances used for compounding shall be USP 
or NF grade, or rf unavailable. AR. CP. ACS, or 
FCC grade substances may be used. If none of the 
foregoing grades are available, then the pharmacist 
must establish the purity and safety of the ingredient 
prior to its use. Manufactured drug products used 
for ingredients must be labeled with a batch control 
number and a future expiration date: 

(5) equipment and utensils used for compounding shall 
not be reactive, additive or absorptive so that the 
safety. identit>'. strength, quality, and purity of the 
compounded drug product will not be adversely 
affected. All compounding equipment and utensils 
shall be cleaned and sanitized prior to use. A 
compounding pharmacy shall have written 
procedures and formulas for the compounding of 
drug products: 

(6) any excess compounded drug product retained by the 
pharmacy shall be labeled with a complete list of 
ingredients or reference to such information, the 
preparation date, and an expiration date based upon 
the pharmacist's professional judgment. The excess 
compounded drug product shall be stored under 
conditions to preserve its strength, quality and 
purit y ; 

(7) All locations holding a p haiiviacy permit where 
ing r edients arc r outinely com p ounded for dis pe nsing, 
as defined in G.S. 9 0-85. 3(c) other than with the 
exception of the reconstitution of oral antibiotics, 
most the pharmacy shall maintain a log showing the 
name or initials of the person who compounded the 
ing r edients a drug product and the name or initials of 
the pharmacist who checked the compounded 
pr esc r i pt ion d r ug, drug product: Such log shall be 
maintained fo r a p eriod of three years. 

(8) the pharmacy shall maintain a recordkeeping system 
from which the date of purchase, supplier, 
manufacturer, and lot number or other identifier of 
each ingredient can be determined for each 
compounded drug product dispensed. All pharmacy 
records resulting from compounding, including the 
compounding log, shall be readily retrievable and 
maintained in ^ pharmacy for a period of three 
years: 

in addition to the requirements of this Section, the 
compounding of radiopharmaceutical drug products 
shall comply with Section .2700 of this Chapter: 
in addition to the requirements of this Section, the 
compounding of sterile parenteral drug products shall 
comply with Section .2800 of this Chapter. 



m 



10) 



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Authority G.S. 90-85.6; 90-85.32. 

.1813 ELECTRONIC TRANSMISSION OF 
PRESCRIPTION ORDERS 

(a) "Electronic transmission" means transmission of the 
exact visual image of a document by way of electronic 
equipment other than facsimile machine described in Rule 
■ 1807 of this Section. 

£bl All prescription drug orders communicated by way of 
electronic transmission shall: 

(1) be transmitted directly to a pharmacist in a pharmacy 
of the patient's choice with no interyening person 
having access to the prescription drug order: 
£2} identify the transmitter's phone number for verbal 
confirmation, the time and date of transmission, and 
the identity of the pharmacy intended to receive the 
transmission: 

(3) be transmitted by an authorized practitioner or his 
designated agent: and 

(4) be deemed the original prescription drug order, 
provided k meets all requirements of federal and 
state laws and regulations. 

(c) The prescribing practitioner may authorize his agent to 
electronically transmit a prescription drug order to a pharmacist 
in a pharmacy provided that the identity of the transmitting 
agent is included in the order. 

(d) The pharmacist shall exercise professional judgment 
regarding the accuracy, validity, and authenticity of an 
electronically transmitted prescription drug order consistent 
with existing federal and state laws and regulations. 

(e) All equipment for receipt of prescription drug orders by 
electronic transmission shall be maintained so as to ensure 
against unauthorized access. 

£0 There shall be no additional charge to the patient because 
the prescription order was electronically transmitted. 

(g) Prescriptions may be transferred electronically if all the 
requirements of Rule .1806 of this Section are met. 

Authority G.S. 90-85.6; 90-85.32. 

SECTION .2100 - ELECTIONS 

.2103 GEOGRAPHIC REPRESENTATIONS 

(a) Four of the Pharmacis t pharmacist members of the Board 
shall not practice in a Health Care Facility Pharmacy as defined 
in Rule .1317 of this Chapter and shall be elected from five 
four geographic areas of the state. These five four geographic 
areas are: 

(1) The Western District, consisting of Alexander, 
Alleghany, Ashe, Avery, Buncombe, Burke, 
Caldwell, Catawba, Cherokee, Clay, Cleveland, 
Davie. Gaston, Graham, Haywood, Henderson, 
Iredell. Jackson, Lincoln, Macon, Madison, 
McDowell, Mitchell, Polk, Rowan. Rutherford, 
Surry. Swain, Transylvania, Watauga, Wilkes, 
Yadkin and Yancey Counties; 
(2^ The — No r the r n Dist r ic t consis t ing of Alamance, 



Casw e ll, — Fo r syth, — Guilfo r d, — Orang e , — Pe r son, 
R o ckingham, Stokes, Su rr y and Yadkin Counties; 

iS^(2) The Central District, consisting of Anson, Cabarrus, 
Cha t ham, Davidson, Davie, Iredell, Lee, Forsyth. 
Guilford. Mecklenburg, Montgomery, Moo r e, 
Randolph, Richmond, Rowan, Rockingham. Stanly 
Stanly. Stokes and Union Counties; 

W(3) The Northeastern District, consisting of Alamance. 
Bertie, Camden, Caswell. Chatham. Chowan, 
Currituck, Dare, Durham, Edgecombe, Franklin, 
Gates, Granville, Halifax, Hertford, Johnston. Hyde, 
Martin, Nash, Northampton, Orange. Pasquotank, 
Perquimans, Person. Tyrell, Vance, Wake, Warren, 
Washington and Wilson Counties; and 

f5)(4) The Southeastern District, consisting of Anson. 
Beaufort, Bladen, Brunswick, Carteret, Columbus, 
Craven, Cumberland, Duplin, Greene, Harnett, 
Hoke, Johns t on, Jones, Lee. Lenoir, Moore. New 
Hanover, Onslow, Pamlico, Pender, Pitt, Richmond. 
Robeson, Sampson, Scotland and Wayne Counties. 

(b) The remaining pharmacist member of the Board shall 
practice in a Health Care Facility Pharmacy as defined in Rule 
.1317 of this Chapter and shall be nominated and elected 
without regard to geographic area. 

Authority G.S. 90-85.7. 

SECTION .2200 - CONTINUING EDUCATION 

.2201 HOURS: RECORDS: PROVIDERS: 

CORRESPONDENCE: RECIPROCITY 

(a) As a condition of license renewal, each practicing 
pharmacist holding an active license shall report on renewal 
forms the hours of continuing education obtained during the 
preceding year. Aimual accumulation of ten hours is 
considered satisfactory to meet the quantitative requirement of 
this Rule. 

(b) All records, reports of accredited hours and certificates 
of credit shall be kept at the pharmacist's regular place of 
practice for verification by inspectors during regular or other 
visits. The Board reserves the right to require submission of 
such documentation on a random basis. Pharmacists who do 
not practice regularly at one location shall produce such records 
within 24 hours of a request from Board authorized persoimel . 
All records of hours and certificates of credit shall be preserved 
for at least three years. 

(c) All continuing education shall be obtained from a 
provider approved by the Board. In order to receive credit, 
continuing education courses should have the purpose of 
increasing the participant's professional competence and 
proficiency as a pharmacist. At least five hours of the 
continuing education credits must be obtained through contact 
programs in any calendar year. Contact programs are those 
programs in which there is an opportunity for live two-way 
communication between the presenter and attendee. 

(d) Continuing education shall not serve as a barrier to 
reciprocity; however all licensees by reciprocity must observe 



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PROPOSED RULES 



the continuing education standards specified in (a), (b) and (c) 
of this Rule within the first renewal period after licensure in 
this state. 

(e) Pharmacists who list their status as "Inactive" on the 
annual application for license renewal and who certify that they 
are no longer engaged in the practice of pharmacy are not 
required to obtain the continuing education hours required by 
this Rule. Pharmacists on inactive status are prohibited from 
practicing pharmacy in this State. Should a pharmacist on 
inactive status wish to return to active status, then all 
continuing education hours for the period of inactive status 
must be obtained. A pharmacist who has been on inactive 
status for five or more years must appear before the Board and 
submit evidence that he can safely and properly practice 
pharmacy before he can be returned to active status. 

Authority G.S. 90-85.6; 90-85.17: 90-85.18. 

SECTION .2300 - PRESCRIPTION 
INFORMATION AND RECORDS 

.2301 PRESCRIPTION: DRUG ORDER 
REQUIREMENTS 

(a) Prescription orders shall include, but not be limited to: 

(1) date of issuance; 

(2) name and address of patient; 

(3) name, address and telephone number of prescriber 
except that indication of the name of the prescriber is 
sufficient if a data file specified in (b) of this Rule is 
current and in effect; 

(4) Drug Enforcement Agency (DEA) number of 
prescriber in the case of controlled substances; 

(5) name, strength, dosage form and quantity of drug 
prescribed; 

(6) refills if authorized or, in institutions, the stop date; 

(7) route of administration of drug prescribed; and 

(8) directions for ttsrr use; and 

(9) indication for drug prescribed. 

(b) Information in Subparagraphs (a)(2), (a)(3), (a)(4), (a)(6) 
and (a)(7) may be stored in a readily retrievable data file 
specifically compiled for use in the pharmacy, which is not a 
commercial publication, in lieu of the requirements of the 
named Subparagraphs. 

Auihorit\' G.S. 90-85. 6(a): 90-85.32: 90-106(h). 



TITLE 23 - DEPARTMENT OF COMMUNITY 
COLLEGES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the N.C. State Board of Community Colleges intends 
to amend ndes cited as 23 NCAC lA .0001: 2C .0108, .0202, 
.0207, .0305, .0701: 2D .0103. .0201 - .0203, .0301, .0323 - 
.0324, .0327: 2E .0101, .0201. .0204- .0205, .0501, .0604, 
and repeal 2C .0604: 2E .0102. . 0203. Notice of Rule-making 
Proceedings was published in the Register on December 16. 



1996. 

Proposed Effective Date: July 1. 1998 

A Public Hearing will be conducted at 10:00 a.m. on 
November 18. 1997 at the Archives and History-State Library 
Building Auditorium, 109 East Jones Street, Raleigh, NC 
27601-2807. 

Reason for Proposed Action: To transfer the Community 
College System's educational calendar from a quarter system 
to a semester system. 

Comment Procedures: Any interested person may present 
written or oral statements relevant to these actions. A 
ten-minute or less time limit per person may be imposed for 
oral presentations. The number of persons making oral 
presentations may be limited in order to stay within the time 
available. Individuals who plan to make oral presentations 
must submit their remarks in writing to the Rule-making 
Coordinator. This procedure will assist the hearing officers in 
organizing and reporting information to the State Board of 
Community Colleges. Interested persons may submit statements 
in writing from the date of this notice until December 5, 1997, 
delivered or mailed to: 

Ms. Clay Tee Mines, Rule-making Coordinator 
North Carolina Community College System 
200 West Jones Street 
Raleigh, NC 27603-1379 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 1 - GENERAL PROVISIONS 

.0001 DEFINITIONS 

The following terms shall have the following meanings 
throughout this Title unless the context of a specific rule 
requires a different interpretation: 
(1) Credit Hours: 

(a) Credit of one semester hour is awarded for 
each 16 hours of "class work. " Class work is 
lecnire and other classroom instruction. Class 
work is under the supervision of an instructor. 

(b) Credit of one semester hour is awarded for 
each 32 or 48 hours of "laboratory" work. 
Laboratory work involves demonstration by 
instructor, experimentation, and application 
by students. Laboratory work is under the 
supervision of an instructor. 

(c) Credit of one semester hour is awarded for 
each 48 hours of "clinical practice." Clinical 
practice is a structured, faculty-directed 
learning experience in a health sciences 
program which develops job proficiency. 



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12:9 



PROPOSED RULES 



Clinical practice requires significant 
preparation, coordination, and scheduling by 
the faculty and is under the supervision of an 
instructor or preceptor who is qualified for the 
particular program, 
(d) Credit of one semester hour is awarded for 
each 160 hours of "work experience" such as 
cooperative education, practicums, and 
internships. Work experience involves the 
development of job skills by providing the 
student with an employment situation that is 
directly related to, and coordinated with, the 
educational program. Student activity in work 
experience is planned and coordinated by a 
college representative, and the employer is 
responsible for the control and supervision of 
the student on the job. 

(2) Full-time Student means a student enrolled in 12 or 
more credit hours. For the summer session, Full- 
time Student means a student enrolled in nine or 
more credit hours. 

(3) Part-time Student means a student enrolled in less 
than 12 credit hours. 

(4) FTE means one full-time equivalent (FTE) student or 
256 student membership hours per semester (based 
on a typical semester of 16 weeks x 16 student 
membership hours per week. 

(5) Student Membership Hour means one hour of 
scheduled class or laboratory for which the student is 
enrolled. A college shall provide a minimum of 50 
minutes of instruction for each scheduled class hour. 

(6) Annual Curriculum FTE means the total of the 
student hours in membership for fall and spring 
semesters divided by 512 (256 student hours per 
semester x 2). 

(7) Annual Continuing Education (non-credit) FTE 
means the total of the student hours in membership 
for the three reporting periods divided by 688 (based 
on two typical semesters of 16 weeks and a typical 
summer term of 11 weeks). The three reporting 
periods are fall semester, spring semester, and the 
summer term. 

(8) Budget Full-time Equivalent (B/FTE). B/FTE means 
the number of FTE which determines a college's 
operating budget. 

(9) Equipment Full-time Equivalent (E/FTE). E/FTE 
means a weighted average of the B/FTE which 
determines the amount of funds allocated to a college 
for equipment. 

(10) Library Full-time Equivalent (L/FTE). L/FTE 
means a weighted average of the B/FTE which 
determines the amount of funds allocated to a college 
for library books and non-equipment learning 
resources. 

(1 1) College means any institution established pursuant to 
G.S. 1 15D except for Ap p lied Technology Cente r s. 
the N^ C Center for Textile Technology. 



Note: Substance of 23 NCAC 2D .0317 and 2E .0104 was 
incorporated into this Rule. 

Authority G.S. 115D-5: 115D-54; S.L. 1995, c. 625. 

CHAPTER 2 - COMMUNITY COLLEGES 

SUBCHAPTER 2C - COLLEGES: ORGANIZATION 
AND OPERATIONS 

SECTION .0100 - TRUSTEES AND 
COLLEGES 



.0108 

Local 
policies 
adopted 
(1) 



(2) 



(3) 



(4) 

(5) 
(6) 
(7) 

(8) 

(9) 



EDUCATIONAL GUARANTEE 

boards of trustees may adopt educational guarantee 
for their colleges. Any educational guarantee policy 
by a board of trustees shall: 
Be developed in an atmosphere that provides 
maximum input from faculty, staff, students, 
employers, university representatives, and 
community leaders. 

Identify the programs or activities to be guaranteed. 
This may include the entire program or specific 
courses. The goal of the system is to include all 
programs at all community colleges. 
Define the skills, knowledge, or credits to be 
guaranteed. This may include the guarantee to 
transfer earned credits taken in transfer programs and 
the guarantee of technical knowledge and skills 
needed for successful employment in occupations for 
graduates, g r aduates of vocational and t e chnical 
programs. 

Define the population of students who will receive 
guarantees. This shall include the identification of 
students, both full-time and part-time, for which 
whom the guarantee applies. 
Defme any special conditions of the guarantee. This 
shall include a time limit and grade achievement. 
Describe how the guarantee may be invoked and how 
it will be honored. 

Define the educational services or other benefits a 
student who seeks the guarantee will receive. This 
may include reimbursement from non-state funds, 
re -enrollment, tutoring, or counseling. 
State that re -enrolled students shall not pay tuition or 
fees associated with re-enrollment or other related 
services. Budget FTE shall not be earned for 
re-enrolled students. 

Set forth the process to be used by students to invoke 
the guarantee and the steps to be used by the college 
to improve the programs in question. 



Authority G.S. 115D-5; S.L. 1995, c. 625. 

SECTION .0200 - PERSONNEL 
.0202 FACULTY 



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PROPOSED RULES 



(a) General 

(1) Colleges shall employ faculty members so as to 
meet Southern Association of Colleges and 
Schools' criteria 

(2) Colleges shall determine appropriate teaching and 
non-teaching loads for faculty and for technical 
assistants to the faculty so as to meet Southern 
Association of Colleges and Schools' criteria. 

(3) The Criteria For Accreditation, Commission on 
Colleges, Southern Association of Colleges and 
Schools, Eighth Edition, 1992-93 current edition 
is hereby adopted by reference including any 
subsequent amendments and editions of this book 
to apply to community colleges. Copies of the 
Criteria for Accreditation Eighth Edition, may be 
inspected in or obtained at no cost from the Office 
of the System President, Department of 
Community Colleges, 200 W. Jones Street, 
Raleigh, NC 27003-1337. 27603-1379. 

(b) Instructors for Extension Emergency Services 
Training. All instructors in the area of Emergency Services 
Training must be qualified as established by the respective 
emergency services certifying agency. Emergency services 
training means training delivered to personnel in law 
enforcement, fire and rescue services, and emergency 
medical services agencies. 

Authority G.S. 115D-1; 115D-5; 115D-20; 150B-21.6: S.L. 
1995, c'.625. 

.0207 PURCHASE/COMPUTER HARDWARE: 

SYSTEM SOFTWARE/STATE CONTRACT 

(a) The State Board of Community Colleges authorizes 
the following classes of full-time employees to purchase 
microcomputers, related peripheral equipment and system 
software under state contract at state contract prices: 

(1) classroom instructors; 

(2) other professional personnel in the de p artment 
Department and institutions, including supervisors 
and administrators, engaged in delivering or 
supervising classroom instruction, or engaged in 
curriculum development; 

(3) other personnel in the department Department and 
the local institutions engaged in delivering services 
through computer related equipment. 

(b) In addition to any procedures or requirements of the 
Department of Administration or the State Budget Office, an 
instimtional employee included within a class defined in 
Paragraph (a) of this Rule who desires to purchase computer 
equipment or system software under state contract at state 
contract prices shall submit a request to his president. This 
request shall contain a certification by the employee that: 

(1) he is a member of one of the classes of employees 
defined in Paragraph (a) of this Rule; 



(2) he intends to continue employment with the 
community college system; 

(3) the computer equipment or system software to be 
purchased by the employee will assist the 
employee in performing his assigned duties or will 
enable the employee to improve the performance 
of his assigned duties; 

(4) the computer equipment or system software to be 
purchased will not be resold for at least three years 
from the date of purchase; and 

(5) the computer equipment to be purchased will not 
be used primarily for the employee's private 
benefit. 

(c) Upon receipt of a request from an employee the 
president shall determine whether the information provided 
therein by the employee is accurate. If the president is 
satisfied that the information contained in the request is 
accurate the president, in accordance with any procedures or 
requirements established by the Department of 
Administration or State Budget Office, shall initiate the 
process for the purchase of the requested computer 
equipment or system software. A request which is 
incomplete or which contains inaccurate information may 
shall not be approved by the employee's president. 

(d) Each employee shall be limited to one approved 
purchase order under the application of this Rule per three 
year period from the date of first purchase. 

(e) All requests for die purchase of computer equipment 
or system software shall be submitted on a form prepared by 
the Department of Community Colleges which incorporates 
the requirements of Subparagraph (b) (2) of this Rule. 

(f) In addition to any procedures or requirements of the 
Department of Administration or the State Budget Office, 
professional personnel in the de p artment Department 
included in Subparagraph (a) (2) and (3) of this Rule who 
desire to purchase computer equipment or system software 
under state contract at state contract prices, shall follow the 
procedures prescribed by the d ep ar t men t Department . 

Authority G.S. 115D-5; 143-58.1 (b); S.L. 1995. c. 625. 

SECTION .0300 - STUDENTS 

.0305 EDUCATION SERVICES FOR MINORS 

(a) The State Board shall encourage individuals to complete 
high school before seeking admission to a college. 

(b) A minor, 16 years old or older, may be considered a 
student with special needs and may be admitted to an 
appropriate program at a college if the local public or private 
educational agency determines that admission to the program is 
the best educational option for the student and the admission of 
such student to the program is approved by the college. This 
requirement may be waived if the student has been out of 
school at least six months and the application is supported by 
a notarized petition of the student's parent, legal guardian, or 



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PROPOSED RULES 



other person or agency having legal custody and control. The 
petition shall certify the student's residence, date of birth, date 
of leaving school, and the petitioner's legal relationship to the 
student. 

(c) A high school student, 16 years old or older, based upon 
policies approved by the local public or private board of 
education and board of trustees, may be admitted to appropriate 
courses, except adult high school, concurrently under the 
following conditions: 

(1) Upon recommendation of the chief administrative 
school officer and approval of the president of the 
college; 

(2) Upon approval of the student's program by the 
principal of the school and the president of the 
college; and 

(3) Upon certification by the principal that the student is 
taking at least three high — school cou r ses the 
equivalent of one-half of a full-time schedule and is 
making appropriate progress toward graduation. 

(d) High school students, taking courses pursuant to 
Paragraphs (b) and (c) of this Rule, shall not displace adults but 
may be admitted any semester on a space-available basis to any 
curriculum or continuing education course. Once admitted, 
they shall be treated the same as all other students. 

(e) Local boards of trustees and local school boards may 
establish cooperative programs in areas they serve in order to 
provide college courses to qualified high school s t udents 
students, with college College credits to shall be awarded to 
those high school students on upon successful completion of the 
cou r s e s, courses, subject to appr o val by t he S t a t e Doai ' d. 
Cooperative programs shall be approved, prior to 
implementation, by the State Board or its designee. 

(0 Except as authorized by G.S. 115D-20(4), colleges shall 
not start classes, offer summer school courses, or offer regular 
high school courses for high school students. 

(g) A college may make available to persons of any age 
non-credit, non-remedial, enrichment courses during the 
summer period. These courses shall be self-supporting and 
shall not earn credit toward a diploma, certificate, or degree at 
the college or high school. 

(h) At the request of the director of a training school having 
custody of juveniles committed to the Division of Youth 
Services, Department of Human Resources, a college may make 
available to such juveniles any course offered by that college if 
they meet the course admission requirements. The director's 
request shall include the director's approval for each juvenile 
to enroll in the course. Courses made available to such 
juveniles shall follow the approval process for immured groups 
as set forth in 23 NCAC 2E .0403. 

Authority G.S. 115D-1; 115D-5; 115D-20; S.L. 1995, c. 625. 

SECTION .0600 - COLLEGE EVALUATION 

.0604 PROGRAM REVIEW 

(a) Each college shall monitor th e quali t y and viability of all 
its p rograms and sei - vices. Each curriculum program and the 



occu p ational extension pr og r am shall be r evi e w e d amiually. 
Colleges shall p r ovide infuniiatioii t o the Department of 
Community Colleges on p r og r am en r ollment and cost: student 
pr og re ss; — achievemen t — and — outcom e s 
satisfaction. 



-and — em p loye r 



(b) T e chnical and vocational curriculum programs 
th e following standards fo r pcifuiiiiaucc. 



shall m eet 



ti^ the s t andard requi re d by an outside licensu r e or 

accredi t ing agency fo r p assing rates on licensu r e o r 
ce r tification e xaminations, where applicable ; and 

(2) a sa t isfacto r y l e v e l on a t l e ast five of the following 

eight required elemen t s : 

(A) a th r ee year annual ave r age e nrollmen t of at 

icast — ten — t^^) — students, — undu p licated 

headcoun t ; 
t©) s t udent goal accom p lishment fo r pr og r am 

completion, 
(C) stud e nt goal accom p lishm e nt for other stud e n t 

goals ; 






pr og r am completes satisfaction with program, 

early leave r sa t isfac t ion with pr og r am; 

pr og r am com p lete, em p loyment rat e ; 

e a r ly leave r em p loyment ra t e; 

employer satisfaction. 
Th e perfo r mance l e vel on Pans (b)(2)(D) through (b)(2)(ll) 1). 
of tills Rul e shall be no more e than fifteen (15) p e r c e n t b e low 
the system ave r age and shall be detcnnined by an annual survey 
conduct e d by each coll e g e based on a standard set of questions 
develo p ed by tile De p a r tmen t . 

(c) The college t r ansf er p rogram p erformance level shall be 
no mo re t han fifteen (15) p e r cen t below th e sys t em av er ag e 
g r ade p oin t ave r age earned afte r two sem e st e rs in a four year 
institution fo r s t uden t s who completed ninety ( 9 0) o r mo r e 
quarte r ter credit hours at the community college. 

i^ — P r og r ams which do not me e t th e s e standa r ds will be 
subject t o fu r the r review t o document tem p o r ary or permanent 
conditions which shall be tak e n into accoun t to justify offering 



the 



ification 



program. — If fu rt he r r eview fails to pr ovide a justif 
fo r the pr og r am o r to lead to im pr ovem e nt so that the p rogram 
meets the standards, the prog r am shall be tciiiiiiiatcd. 



Note: 
.0205. 



Substance of this Rule is contained in 23 NCAC 2E 



Authority G.S. 115D-5; 1993 S.L.. c. 321, s. 109; S.L. 1995, 
c, 625. 

SECTION .0700 - CIVIL RIGHTS 

.0701 CIVIL RIGHTS 

(a) The colleges shall comply with the provisions of the Civil 
Rights Act of 1964 and other acts baiming discrimination 
because of race, national origin, color, religion, sex, disability, 
age or political affiliation. 

(b) Compliance Forms. All colleges shall maintain 
up-to-date compliance forms for the 1964 Civil Rights Act, 
Section 504 of the Rehabilitation Act of 1973, the Americans 



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805 



PROPOSED RULES 



1990, and Title IX of the Education 



with Disabilities Act of 
Amendments of 1972. 



Authority G.S. 115D-5: P.L. 88-352. as amended: P.L. 92- 
318; P.L. 93-608; P.L 95-555; P.L 101-336; P.L. 102-166; 
S.L. 1995, c. 625. 

SUBCHAPTER 2D - COMMUNITY 

COMMUNITY COLLEGES: HSCAL 

AFFAIRS 

SECTION .0100 - SALARIES 

.0103 EDUCATIONAL LEAVE WTTH PAY 

(a) The term "educational leave" refers to the release from 
duties or time normally required of a full-time employee in 
carrying out the full load of responsibilities assigned to further 
his education. 

(b) Each local board of trustees shall adopt an educational 
leave policy for employees. State funds may be used to pay 
employee salaries while they are on educational leave if the 
following criteria are incorporated in the local board of 
trustees' policy: 

(1) The employee is employed full-time on a 9-, 10-, 
1 1-, or 12-month basis. 

(2) The employee most shall be under contract to the 
college for the next academic fiscal year. 

(3) Educational leave wttt shall not exceed one semester 
per calendar fiscal year. 

(4) An employee who fails to honor the contract 
stipulated in Subparagraph (b)(2) of this Rule shall 
be required to repay the amount expended for the 
educational leave. If the employee fulfills a portion 
of the contract before failing to honor the contract, 
repayment shall be based on a pro-rata portion (e.g., 
if an employee works 4 months of a 12-month 
contract, a repayment of 66.7 percent of the 
educational leave would be required). 

Author!t\- G.S. 115D-5; 115D-20; 115D-31; S.L. 1995. c. 625. 



SECTION .0200 



STANDARD STUDENT 
FEES 



.0201 



AUTHORITY TO ESTABLISH TUITION 
AND FEES 

(a) Authority to Charge. All tuition and registration fees 
charged to students for applying to or attending any college of 
the system mti?t shall be approved by the State Board. No 
tuition rate or fee schedule shall be charged without a ppr o pr iate 
resolution of the State Board specifying the purpose for which 
the fee is charged. 

(b) Time Due and Deferred Payment. Tuition, registration 
fees and required academic fees are due and payable at the time 
of the student's registration. The college shall, with the 
approval of the local governing board, board of trustees. 
prescribe written procedures to permit short-term deferred 



payment or payment in installments; provided, however, that 
no student shall be permitted to graduate or to register for a 
new semester unless payment of such outstanding balance has 
been guaranteed in writing by a financially responsible person 
or orgaiiization. Colleges are authorized to withhold transcripts 
of grades pending resolution of the outstanding obligations. 
This statement shall not be construed to prohibit a college's 
local governing board from adding more stringent provisions. 
(c) Establishing Additional Fees: 

(1) Generic Fees. Generic fees are fees charged to a 
group of students, such as students in a specific 
program or to all students, e.g., lab fees, computer 
usage fees, publications fees, equipment use fees, 
etc. Activity and parking fees are discussed in Rule 
.0202(d) of this Section. 

(A) In the event that the president and the 
governing board of a college determine that 
the college needs to charge a generic student 
fee other than the fees already authorized by 
state stamte or State Board r egulation, rule the 
president of the college shall file with the 
State Board through the System President, a 
request for authorization which shall include 
the following documentation: 

(i) a resolution of the local governing 
board requesting authorization of the 
fee, stating the exact rate of payment 
proposed; and 
(ii) a brief explanation and justification 
stating the purpose of the fee. 

(B) A generic fee requires both local and State 
Board approval. 

(C) Any additional fee established by a college 
which is approved by the State Board is 
considered a separate charge to curriculum 
students and shall not be credited as part 
payment of tuition. 

(D) Receipts collected from any special student fee 
shall be deposited as State Board regulation 
shall direct, consistent with state law. 

(E) Nothing in any rule shall be construed to 
condone or to authorize any practice of 
depositing receipts from any student tuition 
and/or student fees in a special fund account at 
a college, except the student activity fee 
receipt. 

(F) Generic fees may shall not be used for any 
purpose other than that for which the fee was 
approved, e.g., computer equipment could not 
be purchased for staff members using generic 
fee receipts. 

iG) Smdents shall be infoiiimd of all approximate 

fees for a course at the time t hey enroll. 

(2) Specific Fees. Sp>ecific fees are those fees charged to 
students for items required for specific courses which 
are considered to be in addition to the normal 
supplies and materials the college would provide. 



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PROPOSED RULES 



(B) 



(C) 



(3) 



Examples of supplies and materials required which 
the college would not normally be expected to 
provide would include tools, uniforms, insurance, 
and certification fees. 

(A) Specific fees rrrast shall be approved by the 
college Board of Trustees. Such fees shall 
reflect the actual cost of items received by the 
student. 

All fees nrost shall be deposited into a proper 

college account and all disbursements rrrast 

shall be made by the college business office. 

In the event that there is any question as to 

whether a fee is generic or specific, the 

guidelines for generic fees, which require both 

local and state board approval, are applicable. 

Students shall be informed of all approximate fees for 

a course at the time they enroll. Such fees shall be 

kept to a minimum consistent with the State Board 

philosophy to keep student costs as low as possible. 

(d) Family Relocation Tuition. Community Colleges may 

charge in-state tuition to certain out-of-state students who are 

members of families that were transferred to this state by 

businesses, industries, or civilian families transferred by the 

military, for emplovment. Prior to enrollment, the student 

shall fulfill the following conditions: 

(1) Demonstrate that his or her family moved to this 
state within the preceding 12 months: 
Present a letter to the institution from the employer 
on corporate letterhead stating that the employee, 
through which the student claims this benefit, 
relocated to this state for employment with that 
business, industry, or military establishment: 
Present proof of his or her familial relationship with 
the employee unless the student is the employee: 
Live in the same house with the employee unless the 
student is the employee: 

Present evidence that he or she is financially 
dependent on the employee through which he or she 
claims this benefit unless the smdent is the employee: 
and 

Comply with the requirements of the Selective 

Service System, if applicable. 

The number of students eligible for in-state tuition under this 

rule at a college shall not exceed one percent (1 %) of the 

: number of out-of-state students, rounded up to the next 



£21 

£3} 
£4} 
£5j 

£6} 



average i 



whole number, at the college in the academic year immediately 
preceding enrollment. Eligible students shall be granted this 
benefit on a first-come, first-serve basis. 

Authority G.S. 115D-5; 115D-39: 116-143.1; S.L. 1995, c. 
625. 

.0202 CURRICULUM 

(a) Tuition: 
(1) Student Residence Classification. The classification 
of students for tuition purposes shall be made 
pursuant to G.S. 116-143.1. 



(2) Tuition Rates In-State: 

(A) A general and uniform tuition rate is 
established by the State Board as set by the 
Legislature for full-time curriculum students 
per semester for North Carolina residents. 

(B) A North Carolina resident who is a part-time 
student shall pay a per credit hour rate for 
curriculum instruction, as established by the 
State Board, for such tuition in any semester 
as set by the Legislature. 

(3) Learning Laboratory. No tuition fees charged. 

(4) Tuition Creditable Upon Transfer of Student. When 
a student has paid the required tuition at a college 
and is given permission to transfer to another college 
within the system during the academic semester for 
which the tuition was paid, the college from which 
the student transfers shall issue to him a statement 
certifying the amounts of tuition that have been paid, 
and the college to which he is transferring shall 
accept such certificate in lieu of requiring payment 
again. [Also, see 23 NCAC 2D.0323(b)(2) which 
provides information regarding reporting student 
hours in membership.] 

(5) Tuition Student Enrolled in More Than One College. 
Where a student desires to enroll for the same 
semester at two or more colleges of the system, the 
total amount of tuition and fees may be paid to the 
smdent's "home" college. "Home" college is defined 
as the college which the student initially registers for 
classes. The home college shall, in that case, assume 
responsibility for arranging with the other college or 
colleges for enrolling the student in appropriate 
classes without further charge. Such arrangement 
shall be made by exchange of letters between the 
colleges involved. Student membership hours for 
instruction received shall, in any event, be reported 
by the college in which the respective instruction 
occurred. 

(6) Tuition Rates Out-of-State: 

(A) Any full-time curriculum student who is an 
out-of-state resident shall pay tuition fees as 
established by the State Board for each 
semester as set by the Legislature. 

(B) An out-of-state resident who is a part-time 
student shall pay a per credit hour rate for 
curriculum instruction as established by the 
State Board as set by the Legislature. 

(7) Tuition Exemptions: 

(A) Individuals taking courses in the categories set 
forth in G.S. 1 15D-5(b) shall be exempt from 
tuition. 

(B) College Staff Members. Full-time college 
staff members may enroll in one curriculum or 
extension course per semester, as well as the 
summer academic period, in the system 
without payment of tuition or registration fee. 

(C) Basic Law Enforcement Training Program 



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807 



PROPOSED RULES 



(BLET) for law enforcement officers. All law 
enforcement officers employed by a 
municipal, county, state, or federal law 
enforcement agency when taking courses in a 
state-mandated BLET training program, are 
exempt from tuition payment. Also, trainees 
may be e.xempt from BLET class tuition if a 
letter of sponsorship from an appropriate law (2) 

enforcement agency is on file at the college. 

(b) Pre-EnroUment Deposit. When a prospective student has 

made application for admission and has been accepted, the (3) 

student may be required to pay an advance deposit up to a 
maximum of fifteen dollars (SI 5. 00). This advance payment is 
not refundable unless the class(es) fails to materialize. This 
advance payment shall be deposited to the State Treasurer and 
credited against the full tuition due from the student during the (4) 

regular registration period. 

(c) Late Enrollment Fee. A late enrollment fee up to five 
dollars (S5.00) may be charged curriculum students registering 
after the specific closing date of registration, with such fees 
becoming state funds. 

(d) Student Activity Fee. Colleges may establish a student 
activity fee which may include a parking fee or a scheduled 
vehicle registration fecr fee for those students who require 
parking facilities. Smdcn t s shall not b e assessed a p arking fee, 
a v e hicle registration fee, o r a similar fee in addi t ion to t he 
established student activity fee. The maximum amount that 
may be charged for the student activity fee shall not exceed 
t wenty-eigh t thirty-eight dollars (S28.00) (S38.00) per student 
per fiscal year. Smdents may be assessed a parking fee, vehicle ( 1 ) 
registration fee, or similar fee separate from the student activity 
fee; however, when such a fee is added to the student activity 
fee, the sum shall not exceed thirty-eight ($38.00) per student (2) 
per fiscal year. Funds derived from collection of a student 
activit}' fee shall be accounted for and expended under standing 
procedures and regulations adopted by the local governing 
board of the college. Any expenditure from the fund must (3) 
directly benefit students. 

(e) Tuition Refunds. 
(1) A refund shall not be made except under the 

following circumstances: 

(A) A 100 percent refund shall be made if the 
student officially withdraws prior to the first 
day of class(es) of the academic semester as 
noted in the college calendar. Also, a student (4) 
is eligible for a 100 percent refund if the class 
in which the student is officially registered 
fails to "make" due to insufficient enrollment. 

(B) A 75 percent refund shall be made if the (5) 
smdent officially withdraws from the class(es) 
prior to or on the official 26 JO percent point 
of the semester. 

(C) For classes beginning at times other than the 
first week (seven calendar days) of the 
semester a 1(X) percent refund shall be made if 
the smdent officially withdraws from the class 
prior to the first class meeting. A 75 percent 



refund shall be made if the student officially 
withdraws from the class prior to or on the 26 
10 percent point of the class. 
(D) For contact hour classes, apply as Part (e)(1) 
of this Rule except use 10 calendar days from 
the first day of the class(es) as the 
determination date. 
To comply with applicable federal regulations 
regarding refunds, federal regulations will supersede 
the state refund regulations stated in this Rule. 
Where a smdent, having paid the required tuition for 
a semester, dies during that semester (prior to or on 
the last day of examinations of the college the student 
was attending), all tuition and fees for that semester 
may be refunded to the estate of the deceased. 
For a class(es) which the college collects receipts 
which are not required to be deposited into the State 
Treasury account, the college shall adopt appropriate 
local refund policies. 



Authority G.S. 115D-5: 115D-39; 
S.L. 1995. c. 625. 



116-143.1; P.L. 93-508; 



.0203 EXTENSION PROGRAMS 

(a) Registration fees for Non-Curriculum Extension 
Instruction. For purposes of administration of this Rule, 
non-curriculum extension instruction means all instruction 
organized, supervised, or delivered outside the regular 
curriculum programs offered by the college. 

A registration fee, as established by the State Board, 
as set by the Legislature shall be charged for each 
occupational extension class. 
Each local board is del e gated the resp o nsibili t y to 
shall establish registration fees for Community 
Service P r og r ams — (academic. — practical — skills, 
avocational, and cultu r al/civic activities). Programs. 
All recreational courses mus t shall be 
self-supporting. Colleges are r equi re d to shall 
collect and deposit to a local account fees and other 
contributions to support entirely the costs of all 
recreational extension courses taught. Also note 
Paragraph tM le] of Rule .0325 of this Subchapter 
regarding the reporting of student membership hours 
for this area. 

A registration fee shall be charged for each extension 
class of -F? 21 weeks or less. A registration fee shall 
be charged each +3 16 weeks for extension classes 
lasting longer than i-? 2A weeks. 
Registration Fee Exemptions: 

(A) Special Extension Training Programs. No 
registration fees shall be charged students 
enrolling for special extension training 
programs that directly relate to job 
performance set forth in G.S. 115D-5(b). 

(B) College Staff Members. Full-time college 
staff members may enroll in one extension or 
curriculum course per semester in the system 



i 



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without registration fee or tuition charges. 

(b) Self-Supported Courses. Classes. A college shall hav e 
the auth or ity to may sponsor self-supporting c o urs e s, classes. 
[see 23 NCAC 2E .0101], deposit income (if any) to a local 
account, and pay all expenses from such local account. Each 
student is required to pay a pro-rata share of the cost of a 
self-supporting class. Since the pro-rata share assumed is not 
considered a registration fee, no individual or group is exempt 
under G.S. 1 15D-5(b) from paying a proportional share of the 
identified cost of the class. 

(c) Driver Education. Colleges are r equi r ed to shall collect 
a smdent fee as established by the local board of trustees for the 
adult driver education training course offered through the 
community service program. 

(d) Registration Fee Refunds. A refund shall not be made 
except under the following circumstances: 

(1) A student who officially withdraws from an 
extension class(es) prior to the first class meeting 
shall be eligible for a 100 percent refund. Also, a 
student is eligible for a 100 percent refund if an 
applicable class fails to "make" due to insufficient 
enrollment. 

(2) After the respective class begins, a 75 percent refund 
shall be made upon the request of the student if the 
student officially withdraws from the class prior to or 
on the 26 10 percent point of the scheduled hours of 
the class. 

Note: This Rule is applicable regardless of the 
number of times the class meets or the number of 
hours the class is scheduled to meet. 

(3) For contact hour classes, apply Subparagraphs (d)(1) 
and (d)(2) of this Rule except use 10 calendar days 
from the first day of the class(es) as the 
determination date. 

(4) For a class(es) which the college collects receipts 
which are not required to be deposited into the State 
Treasury account, the college shall adopt appropriate 
local refund policies. 

(5) Wh ere If a student, having paid the required 
registration fee for a semester, dies during that 
semester (prior to or on the last day of examinations 
of the college the student was attending), all 
registration fees for that semester may be refunded to 
the estate of the deceased. 

Authority G.S. 115D-5; 115D-39; S.L. 1995, c. 625. 

SECTION .0300 - BUDGETING: ACCOUNTING: 
FISCAL MANAGEMENT 

.0301 OPERATING BUDGET REQUESTS: 
DISTRIBUTION OF FUNDS 

(a) Projections of full-time equivalent (FTE) students witt 
shall be based on the following: 

(1) Curriculum FTE projections wtH shall be based on 
the academic year (fall and spring semesters). 

(2) Continuing education FTE projections wrtt shall be 



based on the latest spring, summer, and fall FTE 
figures. Aimual continuing education FTE is 
determined by totaling the student hours in 
membership for the three reporting periods and 
dividing by 688. Note definition of annual 
continuing education FTE in 23 NCAC 1 A .0001(8). 

(3) Projections wttt shall be made, program by program, 
as stated in Subparagraphs (a)(1) and (2) of this Rule. 
If the actual FTE for the semesters needed are not 
available, the latest acmal semester FTE witt shall be 
multiplied by the latest five-year retention ratio to 
determine the appropriate estimates. Retention ratios 
are FTE comparisons between Fall Semester and the 
Spring Semester which are used to predict FTE totals 
when actual figures are not available. 

(4) The State Board may adjust the projections based on 
additional factors brought to its attention. 

(5) The State Board witt shall adopt an official projection 
of FTE. 

(b) Appropriation Requests: 

(1) Continuation Budget Requests. The continuation 
budget request wttt shall be based on the number of 
FTE and amount per FTE currently appropriated and 
increases in the continuation budget as directed by 
the Office of State Budget and Management. Also 
included in the continuation budget requests wttt 
shall be continuing categorical programs. 
Categorical programs are educational programs 
funded for specific purposes such as new and 
expanding industry as opposed to general formula 
programs such as occupational extension. 

(2) Expansion Budget Requests. The expansion budget 
request may shall consist of, but is not limited to, the 
following items: 

(A) an adjustment in the number of FTEs in 
existing programs based on the difference 
between the official FTE projections of the 
State Board and the existing level of FTEs 
requested in the continuation budget; 

(B) an adjustment in expenditure per FTE; 

(C) additional funding for new and special 
programs of instruction. 

(c) State Board Reserve. A reserve wttt shall be requested 
from the General Assembly and shall be retained by the State 
Board for the purpose of making later allocations for en r ollment 
g r ow t h, feasibility studies, pilot projects, innovative p r ograms, 
ideas, new concepts, etc. and start-up of new programs or as 
otherwise directed by the General Assembly. 

(d) Formula distribution of funds for the current operation 
budget. Funds appropriated to the State Board for current 
operation shall be allocated to the system colleges in accordance 
with formulas and procedures established by the State Board, 
or as directed by the General Assembly. Formulas and 
procedures to allocate funds shall be published in the 
Department's Accounting Procedures Manual. 

(e) JTPA Administrative Allotment. Student class hours for 
class size projects funded by the Job Training Partnership Act 



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PROPOSED RULES 



(JTPA) may shall not be included in the full-time equivalent 
(FTE) formula for earning budget/FTE. Administrative funds 
for operating these class size projects shall be allocated on the 
same basis as all other administrative formula funds. 

Authority G.S. 115D-3: U5D-5: 115D-54; S.L. 1995. c. 625. 

.0323 REPORTING OF STUDENT HOURS IN 
MEMBERSHIP FOR CURRICULUM 
CLASSES 

(a) Academic Semester. The academic semester for all credit 
courses shall be designed so that all classes may be scheduled 
to include the number of instructional hours shown in the 
college catalog and the approved curriculum program of study 
compliance document and reported for FTE purposes. 
Instructional hours include scheduled class and laboratory 
sessions as well as examination sessions. Length of semesters 
or courses may vary as long as credit hours are assigned 
consistent with 23 NCAC lA .0001 and as long as membership 
hours are reported consistent with the other provisions of this 
Rule. Also, note 23 NCAC 2D .0327 which identifies the 
reporting periods for submission of Institution Class Reports. 

(b) Regularly-Scheduled Classes. 

(1) A class is regularly scheduled if it meets all of the 
following criteria: 

(A) assigned definite beginning and ending time; 

(B) specific days the class meets is predetermined; 

(C) specific schedule included on the Institution 
Master Schedule or other official college 
documents; 

(D) class hours assigned consistent with college 
catalog and curriculum standard requirements; 

(E) identified class time and dates the same for all 
students registered for the class excluding 
clinical or cooperative; 

(i) Classes which have a regularly 
scheduled lecture section and a 
non-regularly scheduled laboratory 
section will satisfy this criteria. The 
census date {5%% 10% point) must be 
determined from the regularly 
scheduled portion of the class. 
Verification of student participation in 
the laboratory section of the class must 
be available for review, 
(ii) A student is considered absent if that 
student did not attend during the 
specified times or days the class was 
scheduled to meet. 

(2) A student is considered to be in class membership 
when the student meets all the following criteria: 

(A) enrolled as evidenced by payment of the 
applicable tuition and fees, or obtained a 
waiver as defined in G.S. 1 15D-5(b); 

(B) attended one or more classes prior to or on the 
36 10 percent point in the class; 

(C) has not withdrawn or dropped the class prior 



to or on the 36 10 percent point. 

(3) Student Membership Hour. A student membership 
hour is one hour of scheduled class or laboratory for 
which the student is enrolled. A college shall 
provide a minimum of 50 minutes of instruction for 
each scheduled class hour. A college must provide 
sufficient time between classes to accommodate 
smdents changing classes. A college may not report 
more hours per student than the number of class 
hours scheduled in the approved curriculum program 
of study compliance document. 

(4) Calculation of Student Membership Hours for 
Regularly Scheduled Classes. Student membership 
hours are obtained by multiplying the number of 
students in membership at the 36 10 percent point in 
the class by the total number of hours the class is 
scheduled to meet for the semester as stated in the 
college catalog and the approved curriculum program 
of study compliance document. 

(5) Maintenance of Records of Student Membership 
Hours. Accurate attendance records must be 
maintained for each class through the 36 JO percent 
point of the class. Colleges are encouraged to 
maintain attendance records for the duration of all 
classes. Attendance records are to be signed by the 
instructor or lead instructor, verifying their accuracy, 
and are to be maintained by the college until released 
from all audits (see the Public Records Retention & 
Disposition Schedule for Institutions in the 
Community College System). Student membership 
hours shall be summarized in the Institution's Class 
Report and certified by the president or designee. 
For classes identified as non-traditional delivery (see 
Subparagraph (e)(1) of this Rule for additional 
information), documentation of student contact prior 
to the 36 10 percent point must be maintained in the 
same manner as the attendance records mentioned in 
this Rule. 

(c) Non-Regularly Scheduled Classes. 
(1) A non-regularly scheduled class may include any or 
all of the following: 

(A) a class where a definitive beginning and 
ending time is not determined; 

(B) a class offered in a learning laboratory type 
setting (see Subparagraph (b)(6) of Rule .0324 
of this Subchapter for definition of learning 
laboratory); 

(C) a class self-paced in that the student progresses 
through the instructional materials at his/her 
own pace, and can complete the courses as 
soon as he/she has successfully met the 
educational objectives. Classes offered as 
independent smdy are generally offered in this 
maimer; 

(D) a class in which a student may enroll during 
the initial college registration period or in 
which the student may be permitted to enroll 



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at any time during the semester; 
(E) any class not meeting all criteria for a 
regularly scheduled class, as shown in 
Subparagraph (b)(1) of this Rule, is 
considered to be a non-regularly scheduled 
class for reporting purposes. Note classes 
defined as non-traditional (see Paragraph (e) 
of this Rule) which are identified as a separate 
student hour reporting category and are not 
subject to the above provisions in Paragraph 
(c). 

(2) Definition of Student Membership. A student is 
considered to be in class membership when the 
student meets the following criteria; 

(A) enrolled as evidenced by payment of the 
applicable tuition and fees, or obtained a 
waiver as defined in Paragraph (a) of Rule 
.0202 of this Subchapter; and 

(B) attended one or more classes. 

(3) Definition of a Student Contact Hour. For 
non-regularly scheduled classes, student contact 
hours, actual hours of smdent attendance in a class or 
lab are to be reported for each student determined to 
be in membership. Sixty minutes shall constitute an 
hour. 

(4) Calculation of Student Contact Hours for 
Non-Regularly Scheduled Classes. For these classes, 
actual time of class attendance is to be reported; 60 
minutes shall constitute an hour. Student contact 
hours for these classes are the sum of all the hours of 
actual student attendance in a class in a given 
semester. 

(5) Maintenance of Records of Student Contact Hours. 
Accurate attendance records must be maintained for 
each class of the nature described in this Rule 
through the entire semester. Attendance records are 
to be signed by the instructor or lead instructor, 
verifying their accuracy, and are to be maintained by 
the college until released from all audits (see the 
Public Records Retention & Disposition Schedule for 
Institutions in the Community College System). 
Student contact hours shall be summarized in the 
Institution's Class Report and certified by the 
president or designee. 

(d) Skills Laboratory or Computer Tutorial Laboratory. 
Individualized instructional laboratories are similar to learning 
laboratories (see Subparagraph (b)(6) of Rule .0324 of this 
Subchapter) except the participants are curriculum students. 
Skills labs or computer mtorial labs are remedial/developmental 
in nature and intended for students who are experiencing 
academic difficulty in a particular curriculum course. A skills 
laboratory instructor must be qualified in the single-subject area 
of the skills laboratory. A computer tutorial laboratory 
coordinator need not be qualified in any of the subject area(s) 
provided in a computer tutorial laboratory. Student contact 
hours may be reported for budget/FTE when students are 
required by their instructor to attend either of the laboratories 



for remedial/developmental work and when the skills laboratory 
instructors or computer tutorial coordinators are paid with 
curriculum instructional funds. 

(1) Documentation of instructor referral must be 
maintained for auditing purposes. Maintain 
documentation until released by audit. 

(2) Homework assignments are not permitted to be 
reported for budget/FTE. Note 23 NCAC 2D 
.0325(a). 

(3) Calculation of Student Contact Hours for Skills 
Laboratory or Computer Tutorial Laboratory. For 
these classes, actual time of class attendance is to be 
reported; 60 minutes shall constitute an hour. 
Smdent hours generated for these types of classes are 
the sum of all the hours of actual student attendance 
in a class in a given semester. 

(e) Classes Identified as Curriculum Non-Traditional 
Delivery. 

(1) Definition. Due to the methodology by which 
instruction is delivered, non-traditional delivery 
classes are not consistent with the definitions of 
regularly scheduled or non-regularly scheduled 
classes described in this Rule. Non-traditional 
delivery classes must be offered through media such 
as radio, television, and other media as well as 
through correspondence or newspapers. The 
instruction delivered is prestructured into identifiable 
units. Non-traditional delivery classes do not include 
classes identified as independent study which are not 
media based or are not correspondence or newspaper 
based. 

(2) For those classes identified as non-traditional 
delivery, student attendance in class or in an 
orientation session, submission of a written 
assignment or submission of an examination, is the 
basis for the determination of class membership at 
the 30 10 percent point of the class. Student 
membership hours earned in non-traditional delivery 
classes shall be calculated by multiplying the number 
of smdents in membership, as determined in the prior 
sentence, times the number of hours assigned to the 
class in official college documents. For these 
classes, the number of hours assigned must be 
consistent with the credit hours assigned according to 
23 NCAC 2E .0104, as well as the appropriate 
curriculum standard. 

(0 Curriculum Student Work Experience and Clinical 
Practice. The following criteria apply to the reporting 
guidelines for smdents enrolled in curriculum work experience 
and clinical practice courses, exclusive of in-plant training as 
specified in 23 NCAC 2E .0402. Examples of student work 
experience include cooperative education, practicums, and 
internships. Clinical practice refers to work experience in 
health occupation programs. 

(1) Student membership hours for student work 
experience and clinical practice shall not generate 
budget/FTE without prior approval by the 



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PROPOSED RULES 



Department of such activities through the appropriate 
curriculum standard. 

(2) Work Experience. Work experience for curriculum 
courses shall earn budget/FTE at the 100 percent rate 
of assigned work experience hours and shall not 
exceed a maximum of 320 membership hours per 
student per semester. 

(A) These classes must be coordinated by college 
personnel paid with college instructional funds 
and may be located in one or more sites. 

(B) These classes must be specified in the 
approved curriculum of the college consistent 
with the applicable curriculum standard. 

(C) Formal or informal apprenticeship on-the-job 
training activities of a cooperative skill 
training program funded under a special 
project allocation shall not earn budget/FTE. 
Classroom instruction funded with college 
regular budget instructional dollars for related 
or supplemental instruction as required by 
formal or informal apprenticeship programs 
shall earn budget/FTE. 

(3) Clinical Practice. Curriculum clinical practice, as 
defined in 23 NCAC 2E .0104, refers to clinical 
experience in health occupation programs which shall 
earn budget/FTE at the 100 percent rate for student 
membership hours. The applicable classes must be 
consistent with the curriculum standards policy as 
noted in Paragraph (a) of 23 NCAC 2E .0203. The 
maximum membership hours in a clinical experience 
which can be reported per student in a given semester 
is 640. These classes must be supervised by college 
instructors qualified to teach in the particular 
program and who are paid with college instructional 
funds. These classes may be located in one or more 
sites. 

Authority G.S. 115D-5: P.L. 1995, c. 625. 

.0324 REPORTING OF STUDENT HOURS IN 
MEMBERSHIP FOR EXTENSION 
(NON-CREDIT) CLASSES 

(a) Regularly Scheduled Classes. 
(1) Definition of Regularly Scheduled Class. A class is 
considered to be regularly scheduled if it meets all of 
the following criteria: 

(A) assigned definite beginning and ending time; 

(B) specific predetermined days and time the class 
meets; 

(C) specific schedule included on the Institution 
Master Schedule or other official college 
documents; 

(D) class hours assigned consistent with official 
college documents; 

(E) identified class time and dates the same for all 
students registered for the class excluding 
clinical or work experience: 



(i) Classes which have a regularly 
scheduled lecture section and a 
non-regularly scheduled laboratory 
section will satisfy the criteria. The 
census date (3^%- 10% point) most 
shall be determined from the regularly 
scheduled portion of the class. 
Verification of student participation in 
the laboratory section of the class most 
shall be available for review, 
(ii) A student is considered absent if that 
student did not attend during the 
specified times or days the class was 
scheduled to meet. 

(2) Definition of Student Membership. A student is 
considered to be in class membership when the 
student meets all the following criteria: 

(A) enrolled as evidenced by payment of the 
applicable registration fees, or obtained a 
waiver as defined in Paragraph (a) of Rule 
.0203 of this Subchapter; 

(B) attended one or more classes held prior to or 
on the 36 fO percent point in the class; and 

(C) has not withdrawn or dropped the class prior 
to or on the 36 10 percent point of the class. 

(3) Student Membership Hour. A student membership 
hour is one hour of scheduled class or laboratory for 
which the student is enrolled. A college shall 
provide a minimum of 50 minutes of instruction for 
each scheduled class hour. A college may not report 
more hours per student than the number of class 
hours scheduled in official college documents. 
Colleges may not report more hours per student, 
excluding non-traditional classes, than the number of 
hours specified in the instructor's contract. 

(4) Calculation of Student Membership Hours for 
Regularly Scheduled Classes. Student membership 
hours are obtained by multiplying the number of 
students in membership at the 30 10 percent point in 
the class by the total number of hours the class is 
scheduled to meet for the semester as stated in 
official college documents. Du e t o the unique 
funding formula for Human R e sou r ce Developmen t 
(IIRD) class e s, all IIRD classes mus t be r egularly 
sch e duled — and — r e p o r ted — consis t en t — with — the 
calculation method noted in Subparagra p h (a)(4) of 
this Rule. 

(5) Maintenance of Records of Student Membership 
Hours. Accurate attendance records most shall be 
maintained for each class throughout the entire class 
or semester. Attendance records are to shall be 
signed by the instructor or lead instructor, verifying 
their accuracy, and a re to shall be maintained by the 
college until released from all audits as provided in 
the Public Records Retention & Disposition Schedule 
for Institutions in the Community College System. 
Student membership hours shall be summarized in 



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PROPOSED RULES 



the Institution's Class Report and cenified by the 
president or designee. For classes identified as 
non-traditional delivery, (see Paragraph (c) of this 
Rule) documentation of student contact hours prior to 
the 90 10 percent point most shall be maintained in 
the same manner as the attendance records mentioned 
in this Rule, 
(b) Non-Regularly Scheduled Classes. 

(1) Definition of Non-Regularly Scheduled Class. A 
non-regularly scheduled class may include any or all 
of the following: 

(A) a class where a definitive begiiming and 
ending time is not determined; 

(B) a class offered in a learning laboratory type 
setting (see Subparagraph (b)(6) of this Rule 
for definition of learning laboratory); 

(C) a class self-paced in that the student progresses 
through the instructional materials at his/her 
own pace, and can complete the courses as 
soon as he/she has successfully met the 
educational objectives. Classes offered as 
independent study are generally offered in this 
manner; 

(D) a class in which a student may enroll during 
the initial college registration period or in 
which a student may be permitted to enroll at 
any time during the semester; or 

(E) any class not meeting all criteria for a 
regularly scheduled class as shown in 
Subparagraph (a)(1) of Rule .0324 of this 
Subchapter, is considered to be a 
non-regularly scheduled class for reporting 
purposes; 

(F) note classes defined as non-traditional (see 
Paragraph (c) of this Rule) which are 
identified as a separate student hour reporting 
category and are not subject to the provisions 
in Paragraph (b). 

(2) Definition of Student Membership. A student is 
considered to be in class membership when the 
student meets the following criteria: 

(A) enrolled as evidenced by payment of the 
applicable registration fees, or obtained a 
waiver as defined in Paragraph (a) of Rule 
.0203 of this Subchapter; and 

(B) attended one or more classes. 

(3) Definition of Student Contact Hour. A student 
contact hour is one hour of student attendance in a 
class for which the student is in membership as 
defined in Subparagraph (b)(2) of this Rule. Sixty 
minutes shall constitute an hour. 

(4) Calculation of Student Contact Hours for 
Non-Regularly Scheduled Classes. For these classes, 
actual time of class attendance is to be reported; 60 
minutes shall constitute an hour. Student contact 
hours for these classes are the sum of all the hours of 
actual student attendance in a class in a given 



semester. 

(5) Maintenance of Records of Student Contact Hours. 
Accurate attendance records trmst shall be maintained 
for each class throughout the entire class or semester. 
Attendance records shall be signed by the instructor 
or lead instructor, verifying their accuracy, and arc 
ttr shall be maintained by the college until released 
from all audits as provided in the Public Records 
Retention and Disposition Schedule for Institutions 
in the Community College System. Student 
membership hours shall be summarized in the 
Institution's Class Report and certified by the 
president or designee. For classes identified as 
non-traditional delivery, (see Paragraph (c) of this 
Rule), documentation of student contact hours prior 
to the 39 JO percent point rtmst shall be maintained 
in the same manner as the attendance records 
mentioned in this Rule. 

(6) Learning Laboratory. Learning laboratory programs 
consist of self-instruction using programmed text, 
audio-visual equipment, and other self-instructional 
materials. A learning laboratory coordinator has the 
function of bringing the instructional media and the 
student together on the basis of objective and 
subjective evaluation and of counseling, supervising, 
and encouraging persons working in the laboratory. 
Contact hours are to shall be calculated as noted in 
Subparagraph (b)(4) of this Rule. 

(c) Classes Identified as Extension Non-Traditional 
Delivery. 

(1) Definition. Due to the methodology by which 
instruction is delivered, non-traditional delivery 
classes are not consistent with the definitions of 
regularly scheduled or non-regularly scheduled 
classes described in this Rule. Non-traditional 
delivery classes may be offered through media such 
as radio, television and other media as well as 
through correspondence or newspapers. The 
instruction delivered is pre-structured into 
identifiable units. Non-traditional delivery classes 
do not include classes identified as independent study 
which are not media based or are not correspondence 
or newspaper based. 

(2) For those classes identified as non-traditional 
delivery, student attendance in class or in an 
orientation session, submission of a written 
assignment or a submission of examination is the 
basis for the determination of class membership at 
the 30 10 percent point of the class. Student 
membership hours in such classes shall be calculated 
by multiplying the number of students enrolled in the 
class times the number of instructional hours 
delivered which is determined as follows: 

(A) determine the number of hours of instruction 
delivered via non-traditional delivery; and 

(B) add the number of hours of class meetings, 
review sessions, etc.; 



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813 



PROPOSED RULES 



(C) For those non-tradilional continuing education 

classes which are approved by a local college 

staff review committee and the Director of 

Continuing Education Services for the 

Department, additional hours above the level 

noted in Subparagraphs (c)(2)(A) and (B) in 

this Rule may be approved commensurate with 

course content. 

(d) Extension Student Work Experience and Clinical 

Practice. The following criteria apply to the reporting 

guidelines for students enrolled in extension work experience 

and clinical practice courses, exclusive of in-plant training as 

specified in 23 NCAC 2E .0402. To be eligible for approval, 

these work experience or clinical practice courses mus t shall be 

required by an e xte r nal a licensing agency or accrediting body . 

Examples of student work experience include cooperative 

education, practicums, and internships. 

(1) Student membership hours for student work 
experience and clinical practice shall not generate 
budget FTE without prior approval of such activities 
by the Department. D ep ar t m e iu on foinis provided 
f or t his pur p ose. Approval of student work 
experience and clinical practice approved prior to 
November 1, 1983 by the Department mtret shall be 
resubmitted for reapproval . reapproval on the forms 
provided for this pur p ose. When the number of 
approved student work exj)erience membership hours 
increases by more than 30 percent per course, a new 
request for approval form mus t shall be submitted. 

(2) Work Experience. Work experience for extension 
courses shall earn budget/FTE at the 100 percent rate 
for student membership hours, as required by an 
ex t ernal a licensing agency or accrediting body, and 
shall not exceed a maximum of 320 membership 
hours per student per semester. A maximum of 320 
hours may be reported per student per year for a 
given licensing/accrediting requirement. 

(A) These classes most shall be coordinated by 
college persoimel paid with college 
instructional funds and may be located in one 
or more sites. 

(B) Formal or informal apprenticeship on-the-job 
training activities of a cooperative skill 
training program funded under a special 
project allocation shall not earn budget/FTE. 
Classroom instruction funded with regular 
budget instructional dollars for related or 
supplemental instruction as required by formal 
or informal apprenticeship programs shall earn 
budget/FTE. 

(3) Clinical Practice. Clinical practice refers to clinical 
experience in health occupation courses which shall 
earn budget/FTE at the 100 percent rate for student 
membership hours, as determined in Subparagraph 
(a)(3) of this Rule, and shall not exceed a maximum 
of 320 membership hours per student per semester 
unless North Carolina licensure or program 



accreditation standards require additional hours. In 
such cases, work activity hours shall earn 
budget/FTE at the 100 percent rate in accordance 
with licensure or program accreditation standards up 
to a maximum of 640 membership hours per student 
per semester. These classes mus t shall be supervised 
by college instructors qualified to teach in the 
particular program and who are paid with college 
instructional funds. These classes may be located in 
one or more sites. 
(e) The Adult High School Diploma work experience shall 
not exceed 160 hours per student . 

Authority G.S. 115D-5; S.L. 1995. c. 625. 

.0327 REPORTEVG STUDENT MEMBERSHIP 
HOURS TO THE DEPARTMENT 

(a) Curriculum and extension college class reports 
summarizing student membership hours shall be submitted to 
the Department during each smdent membership hour reporting 
period defined in this Paragraph. 

(1) The three student membership hour reporting periods 
are as follows; 

(A) Period 1 - (Spring Period): January 1 - May 
15; 

(B) Period 2 - (Stmimer Period): May 16 - August 
14; 

(C) Period 3 - (Fall Period): August 15 - 
December 31. , 

(2) College class reports for all regular budget \ 
curriculum and extension classes shall be submitted 
21 calendar days after the conclusion of each student 
reporting period defined in Subparagraph (a)(1) of 
this Rule. Any exceptions to this reporting period 
sequence for a given college must be approved by the 
Business and Finance Division and Information 
Services Section of the System Office. Note the 
following schedule concerning application of the 
designated periods: 

(A) all repons received by June 5 shall be 
designated Period 1 ; 

(B) all reports received by September 4 shall be 
designated Period 2; and 

(C) all reports received by January 21 shall be 
designated Period 3. 

(b) For learning laboratories, skills laboratories, multi-entry, 
multi-exit and other non-regularly scheduled classes where 
acmal smdent time in class is determined, student contact hours 
shall be calculated on the last day of each respective student 
membership hour reporting period for a given class and 
submitted to the Depanment according to Subparagraphs (a)(1) 
and (a)(2) of this Rule. Also, note Paragraphs (b) and (c) of 
Rule .0323 and Paragraphs (a) and (b) of Rule .0324 regarding 
calculation of student membership hours. 

(c) College class reports for non-regular budget extension J 
classes such as new and expanding industry, HRD, JTPA, * 
self-supporting, and recreational shall also be submitted to the 



814 



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PROPOSED RULES 



Department in accordance with Subparagraphs (a)(1) and (a)(2) 
of this Rule. 

Authority G.S. 115D-5; 115D-31: 115D-58.5; S.L. 1995, c. 
625. 

SUBCHAPTER 2E - EDUCATIONAL 
PROGRAMS 

SECTION .0100 - PROGRAM CLASSIFICATION: 

DEGREES: DIPLOMAS AND 

CERTIFICATES 

.0101 PROGRAM CLASSmCATION 

The following criteria are used for classifying the programs 
offered in the North Carolina Community College System. 
(1) Curriculum Programs: 

(a) A curriculum program is an organized 
sequence of courses leading to an associate 
degree, a diploma, or a certificate. All 
curriculum programs are designed to provide 
education, training, jmd or retraining for the 
work force. 

(i) Associate degree programs are defined 
as planned programs of study 
culminating in an associate in applied 
science, associate in arts, associate in 
fine arts, associate in science, or 
associate in general education degree. 

(A) The associate in applied science 
degree pr og r am « programs are 
designed pr imarily to prepare 
individuals for employment. 
These programs involve the 
application of scientific 
principles in research, design, 
development, production, 
distribution, or service. 

(B) The associate in arts, associate in 
science, and associate in fine arts 
degree programs are designed 
pr imarily to prepare students for 
transfer at the junior level to 
institutions offering 
baccalaureate degrees. 

(C) The associate in general 
education degree pr og r am is 
programs are designed pr imarily 
for students who desire a general 
liberal arts education. 

(ii) The diploma p rogram is programs are 
designed p r imarily to provide entry- 
level employment training. A diploma 
program may be a stand-alone 
curriculum program title, or a college 
may award a diploma under an 
approved associate in applied science 



degree curriculum program for a series 

of courses taken from the approved 

program of smdy and structured so that 

a student may complete additional non- 

duplicative coursework to receive an 

associate in applied science degree. 

(iii) The certificate program is programs are 

designed pr imarily to lead to 

employment or to provide skills 

upgrading or retraining for individuals 

already in the workforce. A certificate 

program may be a stand-alone 

curriculum program title, or a college 

may award a certificate under an 

approved degree or diploma curriculum 

program for a series of courses taken 

from the approved program of study. 

(b) Developmental Education programs consist of 

courses and support services which include 

include, but are not limi t ed to, diagnostic 

assessment and placement, tutoring, advising, 

and writing assistance. These programs are 

designed to address academic preparedness, 

workforce retraining, development of general 

and discipline-specific learning strategies, and 

affective barriers to learning. Developmental 

courses do not earn credit toward a degree, 

diploma, or certificate. 

(2) Continuing Education Programs; 

(a) Occupational Extension courses consist of 
single courses, each complete in itself, 
designed for the specific purposes of training 
an individual for full- or part-time 
employment, upgrading the skills of persons 
presently employed, and retraining others for 
new employment in occupational fields. 

(b) Community Scfvice/Visi t ing A rt ist P r og r am : 
Community Service: 

(i) The Commimity Servic e/Visiting Artist 
P r og r am includes acad e mic, p ractical 
skills, avocational courses, and cultu r al 
and civic activities, courses consist of 
single courses, each complete in itself: 
that focus on an individual's personal or 
leisure needs rather than occupational 
or professional employment. 
fn) The instructional com p on e nt of this 
p rogram may be comprised of cou r s e s 
in th e fields of academic, pr actical 
skills, — and — avocational — education. 
Inst r uction offered in this pr og r am shall 
consist of single cou r ses, each com p le t e 
in itself, designed to se r ve the s p ecific 

academic, pr actical skills, or 

avocational needs of adult citizens. 
Acad e mic courses are design e d to seiT e 
the acad e mic educational n ee ds of adult 



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815 



PROPOSED RULES 



citizens: pr actical skills cou r ses are 
designed to provide t r aining fo r p e r sons 
pursuing additional skills which arc no t 
conside r ed — thcii — majtrr — or — pr imary 
vocation but may r easonably lead to 
em p loyment; and avocational cou r ses 
f o cus on an individual's personal o r 
l e isure needs r ather than occu p ational 
o r pr ofessional e m p loyment. 
(ii) fitTtThe cultural and civic, and visiting 
artist component of this program meets 
community needs through lecture and 
concert series, art shows, the use of 
college facilities by community groups, 
providing speakers to community 
organizations, and providing visiting 
artist activities for college 
communities. Visiting artists are may 
be provided an opportunity to work as 
artists in residence to enhance local arts 
resources and promote the various 
visual, performing and literary arts in 
communities throughout North 
Carolina. 

(c) Self-Supporting Programs: 

(i) A self-supporting course is not reported 
to the state for budget FTE since the 
cost of conducting the course is paid by 
students enrolled. 

(ii) Recreational programs are 

self-supporting courses which the 
college may provide at the request of 
the community but for which the 
college receives no budgetary credit. 
Funds appropriated as operating 
expenses for allocation to the colleges 
shall not be used to support recreation 
courses. The financing of these courses 
by a college shall be on a 
self-supporting basis, and membership 
hours produced from these activities 
shall not be counted when computing 
full-time equivalent students for use in 
budget-funding formulas at the state 
level. 

(d) Basic Skills Programs. The State Board and 
the community college system shall encourage 
persons to complete high school rather than 
seek testing for the High School Diploma 
Equivalency. 

(i) High School Equivalency programs 
consist of classroom instruction, or 
learning laboratory courses, or a 
combination of both activities designed 
to qualifv' a student for an adult high 
school di p loma diploma, unde r an 
Ag r eement of Affiliation with a local 



p ublic school system. — Approval is 
given to trustees of community colleges 
to ent er into an ag r eemen t of affiliation 
with a local board of educa t ion to 
establish — an — adult — htgh — sch o ol 
equival e ncy p rog r am. An Agreement 
of Affiliation with a local public school 
system is required for minors si.xteen or 
seventeen years old. No agreement is 
required for adults eighteen years old 
and older. 

(ii) General Educational Development 
(GEO) testing programs consist of 
classroom instruction, or learning 
laboratory courses, or a combination of 
both designed to qualify a student to 
demonstrate competency on the General 
Educational Development (GED) tests 
and to receive a High School Diploma 
equivalency from the State Board. The 
State board Board is responsible for the 
administration of the General 
Educational Development testing 
program in cooperation with the Office 
on Educational Credit of the American 
Coimcil on Education. The procedures 
regulating the GED Testing Program 
set forth in the GED Examiner's 
Manual published by the General 
Educational Development Testing 
Service of the American Council on 
Education are hereby incorporated by 
reference. A copy of this manual is 
available for inspection in the Office of 
the System President, Department of 
Community Colleges, 200 W. Jones 
Street, Raleigh NC 27603-1379. A 
copy of this manual may be obtained at 
a cost of ten dollars ($10.00) from the 
GED Testing Service of the American 
Council on Education, One Dupont 
Circle NW, Washington, DC 
20036-1163. 

(iii) The Adult Basic Education (ABE) 
program is designed for adults who are 
functioning at or below the eighth 
grade educational level. The major 
objectives of the program are to enable 
adults to acquire the basic educational 
skills necessary to be fully competent in 
our society, to improve their ability to 
benefit from occupational training and 
to have greater opportunities for more 
productive and profitable employment, 
and to meet their own objectives for 
enrolling in the program. Classes are 
offered and focus on fundamental skills 



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12:9 



PROPOSED RULES 



such as reading, writing, speaking, 
computing, critical thinking, and 
problem solving. 

(iv) The English as a Second Language 
(ESL) program offers classes which 
accommodate the varied needs of the 
immigrant and refugee populations. 
Attention is given to both the cultural 
and linguistic needs as instruction is 
focused upon the formation of accurate, 
appropriate communication skills and 
upon the smdent's ability to function in 
the adult American community. 
Classes are offered at the beginning 
through the advanced levels of ESL. 
The curriculum is designed to develop 
the basic language skills of reading, 
writing, speaking, and listening. 
Instruction integrates the English 
language with topics that prepare 
students for everyday life, employment, 
and citizenship. 

(v) The Compensatory Education (CED) 
program is designed for adults with 
mental retardation. The program is 
highly individualized and fosters a 
maximum level of independent living 
commensurate with personal ability. 
Instruction is offered in math, 
language, social science, health, 
community living, consumer education 
and vocational education. 

(e) Business and Industrial Training. 

(i) The Focused Industrial Training 
program addresses critical skills in 
existing industries. Based on 

assessments of need, these customized 
classes typically combine on-the-job 
training with classroom instruction to 
up-grade or train incumbent employees 
of manufacturing industries, 
(ii) The New and Expanding Industry 
Training program offers customized, 
job-specific training to new or 
expanding companies creating new jobs 
in the state, 
(iii) The Small Business Center program 
provides training, counseling and 
referral services especially designed in 
content and delivery modes for small 
businesses, both existing and 
prospective. 

(f) Special Instructional Programs: 

(i) The Human Resources Development 
(HRD) program is an intensive program 
to recruit, train, and either place in 
employment or vocationally train 



chronically unemployed or 

underemployed adults. The primary 

objective of the training component is 

to help the jobless trainee orient himself 

or herself to the world of work, 

appreciate the effects of his or her 

behavior on others, and develop the 

basic academic and communication 

skills prerequisite to obtaining and 

maintaining employment. 

(ii) The Job Training Partnership Act 

(JTPA) programs consist of 

occupational training and basic 

education for disadvantaged persons. 

(g) The Learning Laboratory programs consist of 

self-instruction using programmed texts, audio 

visual equipment, and other self-instructional 

materials. A learning laboratory coordinator 

has the function of bringing the instructional 

media and the student together on the basis of 

objective and subjective evaluation and of 

counseling, supervising, and encouraging 

persons working in the lab. 

Authority G.S. 115D-1: 115D-2; 115D-5; S.L. 1995. c. 625. 

.0102 CURRICULUM PROGRAMS: DEGREES, 
DIPLOMAS, CERTinCATES 

The State Board re gulat e s the awa r ding of degrees, diplomas, 
and c ert ifica t es as follows : 

(+) The ap pr oval of a college t o award t he associate 

deg r ee, di p loma, o r ce r tificate shall be by individual 
pr og r am. — A ppr oval by the S t a te Board will be 
granted when th e college has d e mons tr ated an 
established need and can provide evidence of 
sufficient — inst r uctional, — faculty. — and — facility 
r esou r ces. 

(f) The System P r esident will r ecommend action on the 

college's cu r riculum a pp lication to the State Board. 

f3) License to g r ant deg r ees, di p lomas, and ce r tificates 

may b e witlidrawn if the State Board d e termin e s that 
a college is not maintaining a ppr oved pr og r ams o r 
g r aduation re qui re m e nts. 



t4) — The State Boa r d shall 



a curriculum cod e , 



assign 

official titl e , cred e ntial, and minimum and maximum 

cr e dit hou r length fo r each cu rr iculum. 

ta) Th e coll e ge may award the Associat e of Ans. 

the associat e of Sci e nce, o r the Associate of 
Fine Arts degr e e to graduates of college 
t r ansf er cu rr iculums. — Th e coll e ge t r ansfe r 
curriculum shall be 96 quarte r hour c r edi t s in 
length. 

i!&) — The college may award the Associate in 
Gene r al Education d e gr ee to g r aduat e s of 
General Education cu rr iculums. The Gene r al 
Education curriculum shall be 96 quarte r hou r 
c r edits in length. 



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817 



PROPOSED RULES 



td The Associat e in A p pli e d Science Deg r ee may 

be — awarded — to — g r adua t es — &t — technical 
cu rr iculums. — The minimum length fo r a 
technical pr og r am shall be 9 6 quane r hou r 
c r edits and th e maximum length shall be 128 
quarter hou r c r edits but, on s p ecial approval 
by the State Board, may exceed 128 quarte r 
hour credi t s m length. 



be awarded 



to graduates of 
-A — vocational 



ttft The di p loma may 

vocational — curriculums 

curriculum l e ngth will be a minimum of 64 

quart e r hour c r edits and a maximum of 128 

quarte r hou r c r edits. 
(c^ The ce r tif i cat e o r di p loma may be awarded 

under an existing a ppr oved di p loma o r deg r ee 



jf courses taken 



program tor a course o r senes ot 
f r om the cu rr iculum when the total quarte r - 
hou r c r edits meet the State Board c r it e ria fo r 
the c r edential as set forth in Rule .0203 of this 
Subcha p te r . 

Authority G.S. 115D-2; 115D-5: S.L. 1995. c. 625. 

SECTION .0200 - CURRICULUM 
PROGRAMS 

.0201 CURRICULUM PROGRAM APPROVALS 
AND TERMINATIONS 

(a) Curriculum Program Approvals. Community colleges 
shall issue degrees, diplomas, and certificates to individuals 
who satisfactorily complete course and program requirements. 

( 1 ) The approval of a college or of a group of colleges in 
a collaborative arrangement to award the associate 
degree, diploma, or certificate shall be by individual 
curriculum program title. Approval by the State 
Board shall be granted when the college has 
demonstrated an established need and has provided 
evidence to the State Board of sufficient instructional 
faculty, facilities, equipment, and materials n e c e ssary ' 
required to meet the needs of the communities served 
without supplanting or duplicating existing 
programs. 

(2) The application shall be signed by the college 
president and the chairman of the college's board of 
trustees. 

(3) The System President shall recommend action on the 
college's curriculum program application to the State 
Board. 

(4) Approval to grant degrees, diplomas, and certificates 
shall be withdrawn if the State Board determines that 
a college is not maintaining approved programs or 
graduation requirements. 

(b) Curriculum Program Terminations. The college shall 
terminate a curriculum program when there has been no 
enrollment for two years: a college may request a one -year 
extension of a curriculum program upon justification of the 
potential for employment opportunities and student enrollment. 



Curriculum programs shall be terminated by action of the State 
Board. Each college plaiming to terminate a curriculum 
program shall inform the System President by submitting a 
termination notice, notice on the appropriate foiin. 

(c) The System President shall approve Associate in General 
Education and Associate in Applied Science General 
Occupational Technology curriculum programs for colleges in 
the system. 

(d) On special approval by the State Board, a degree 
program title or a stand-alone diploma or certificate program 
title may exceed the maximum length of programs as set by the 
curriculum standards. Such an exception shall apply to all 
colleges approved to offer the curriculum program title. A 
two-thirds majority of colleges approved to offer the program 
mttst shall agree with the conditions of the request for the 
exception. A request for an exception shall be justified based 
on one or more of the following criteria: 



(1) 
(2) 



(3) 



Additional time in the program is required by law. 
Additional time in the program is required by an 
external regulatory, accrediting, or professional 
agency recognized by the State Board. 
Additional time in the program is justified by 
documented extenuating circumstances such as the 
following: 

(A) Documentation that equivalent programs in 
other states require additional hours of 
training to teach the competencies of the 
curriculum: 

(B) Documentation that the program will not be 
viable without the exception; or 

(C) Documentation that employers have certified 
the competencies required for the program and 
the length of time needed to teach those 
competencies. 



Authority G.S. 115D-5; 115D-20(6): S.L. 1995. c. 625. 

.0203 STANDARDS FOR TECHNICAL- 
VOCATIONAL CURRICULUMS 

fa) Standards. — The — standa r ds — for — each — occu p ational 

curriculum, t e chnical o r vocational, will be develo p ed in 
accordance with the following guidelines. Each institution will 
design its cu r riculum cou r ses and r equi r ements to com p ly with 
the standards fo r the curriculum. — Each institution will als o 
follow pro cedures for curriculum a p p r oval as outlined in Rul e s 
.0101, .0102. and .0104 of this Subcha p t er. 
(b) Guidelines for T e chnical- Vocational Cu rr iculums 

th Each curriculum should b e d e v e lo p ed t o m e e t 

s pe cific occu p ational objectives and occu p ational 
e ducational com pe tencies. The cu rr iculum should b e 
designed t o lead to em p loyment. — The cur r iculum 
should em p hasize knowledge, skills, and a t titudes 
appro p riate to the occu p ational cluster fo r which it is 
design e d, with the nccessan ' information about 

instrum e nts, — tools, equi p ment. — and — processes 

included as an int e gral p art of th e cur r iculum. 
f2i The curriculum is defined as consisting of a cou r se o r 



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12:9 



PROPOSED RULES 



a grou p of courses orgajiizcd in a logical sequence t o 
meet occupational educational goals and tha t meet the 
following c r ite r ia. 

(A^ — The cuniculum consis t s of a cours e o r cours e s 
which total a minimum of 16 quarte r hou r 
credits. 

(B) Th e cu rr iculum covers the inst r uction in th e 

designated com pe tencies fo r an occu p ation. 

(3^ Curriculums leading to the Associate in A pp lied 

Science(A.A.S.) deg r ee should r equir e f r om 9 6 
quarter hour c r edits to 128 quarte r hour credi t s fo r 

graduation. On s p ecial justification the — State 

Presiden t may recomm e nd a cu rr iculum to the State 
Board with quarte r -hour c r edit re quirements above 
the maximum of 128. — Total quarte r hour credits 
r e quired for each cu rr iculum will b e e stablished at a 
minimum with tl^e maximum allowed being no more 
t han 10 p e r cen t above t he minimum. 
(4) — Curriculums leading to the di p loma should r equi r e 
f r om 04 to 128 quarte r hou r cr e di t s for g r adua t ion- 
Quarte r hour credits for each cu rr iculum will be 
es t ablished a t a minimum with a maximum being no 
mo r e than 10 p ercent above the minimum. 

(5) Ce r tificates may be awarded t o a g r aduate of — a 

curriculum of fewe r than 64 quart er hour c r edits in 
l e ngth. 
(6) — T e chnical Cu rr iculums 

(A1 Technical cur r iculums should be designed to 

prep a r e individuals fo r e m p loym e nt in fi e lds 

recogni z ed as semip r ofessional or 

paraprofessional in s t atus. — They should be 
com p osed — of — coll e giate-lev e l — studies(no t 
n e cessarily t r ansferable) p r oviding a g r eater 
d e gr e e — of — theo r e t ical — knowledge — than 
mani p ulative skills and should be o r iented to 
a b r oad occu p ational clust er . 

(6) G r aduates f r om a technical curriculum should 

have at least 18 quart e r hou r c r edits in the 
a r eas of English, social science, and/o r the 
humani t ies. 
(C) — The Associat e in Ap p lied Sci e nc e d e g r ee may 
be award e d to th e g r aduate of a technical 
cu rr iculum with 96 quarte r hou r c re dits o r 
more. 

ifh Technical S p ecialty Cu r riculums 

(t^j — Technical s p ecialty cu rr iculums should be 

design e d — to — prepare individuals for 

em p loyment — m — fi e lds — r ecognized — as 
semi pr ofessional o r p ara pr ofessional in status. 
Th e y should b e com p os e d of coll e giat e -l e v e l 

studies trtot necessarily t r ansfe rr abl e ) 

p r oviding — g r ea t e r — deg r ee — of — theo r etical 
knowledge than mani p ulative skills. 

(B^ Technical s pe cialty curriculums should include 

orrty — thos e g e ne r al education and r elated 
cours e s n e cessary to support the technical 
cou r ses offer e d in the cu rr iculum. 



(€) Technical s p ecialty curriculums usually ar e 

com p osed — of — s e l e ct e d — technical — cou r s e s 
design e d to prep are for a p articular technical 
skill. — Technical s p ecialty curriculums may 
range from 16 to 9 5 quarter hour c r edits fo r 
each cu rr iculum established at a minimum 
with the maximum allowed being no more 
than 10 percent above the minimum. 

t©) Th e di p loma may be award e d to the g r aduate 

of t e chnical s pe cialty curriculum 64 to 9 5 
quarter hour credits in length. 

tE) The certificate may be awarded to the g r adua te 

of technical s p ecial t y curriculum with fewer 
than 64 quarte r hou r c r edits in length. 
i%) Voca t ional Cu rr iculums 

(A) Vocational cu rr iculums should be designed to 

pr e p are individuals fo r skilled or semiskilled 

employmen t opportunities. Study — is 

pr imarily o r i e n te d to the develo p ment of 
manipula t ive skill com p etenci e s for use in a 
s p ecialized occu p a t ion. 

fB) G r aduates — from — a — vocational — cu r riculum 

should have at least six quarter hou r c r edits in 
one o r mo r e of the a r eas of communications 
skills, a pp lied sciences, and a p plied social 
sciences. 

f6) Th e di p loma may be awarded to the g r aduat e 

of avoca t ional curriculum tha t is 64 or more 
quarte r -hour c r edits in l e ng t h. The certificat e 
tnay — be — awarded — to — the — graduat e — of a 
vocational curriculum of few e r than 64 quarter 
hou r c r edi t s in l e ngth. 
(9) Vocational S p ecialty Curriculums 

fA:) Voca t ional specialty cu rr iculums should b e 

designed to pr e p ar e stud e nts for skill e d o r 
semiskilled e mployment opportunities. Study 
i s pr imarily o r ient e d to the d e velopment of 
mani p ulative skills for use in a s p ecialized 
occu p ation. 

(B) Vocational — s p ecialty — curriculums — usually 

include only those subjects necessary to 
su pp ort th e d e velo p ment of the skills for the 
s p ecialized occupation. — Vocational s p ecialty 



curriculums should be a minimum of 
quarte r hou r c r edits in l e ngth. 



i^ 



(€^ A certificate may be awarded to the g r aduate 

of avocational s p ecialty cur r iculum. 
fW) P r ocedu r es of Establishing Standards fo r Each 

curriculum: 

(7%) Th e standai ' ds for e ach cu rr iculum will b e 

es t ablished jointly — by — the — de p artment — erf 
Communi t y Coll e g e s and the institution(s) 
offe r ing o r pr o p osing to offe r the cu rr iculum. 

fB) A cu r riculum may have subj e ct cat e gori e s 

e stablished with minimum and maximum 
quaiter hour c re dit ranges fo r the subject a r ea. 
Technical curriculums will have minimum 



NORTH CAROLINA REGISTER 



November 3, 1997 



819 



PROPOSED RULES 



quarte r — hotrr — c re dits — established — for — the 

following — subj e ct — ca t ego r ies : technical. 

related — and g e ne r al — education. elective 

quarte r -hou r c r edits may also b e includ e d as a 
catego r y. — Vocational cu rr iculums may have 
subject categories establish e d . 

f€) A minimum p e r centage of quart e r hou r c r edi t s 

awa r ded to class work wi l l b e specified fo r 
each curriculum. 

(B) Coo per ative education or wo r k e x per ienc e 

may be included in the cur r iculum u p to a 
maximum of 12 quart er hou r c r edits. 

tH^ P ro cedu r es — for — Changing — Standards — for — Each 

Curriculum. Changes — m — standards — for — each 

cur r iculum will r equire the a ppr oval of the S t a t e 

Boa r d. Request for changes in the standards 

app r oved by tlic State Board fo r a cu rr iculum may be 
mad e to the Board und er the following conditions : 

(A) request t o the department of Community 

Colleg e s to change the standards; 

(B) concu rr ence by the majo r ity of institutions 

offering the sp e cific cu rr iculum: 

tGj concunTncc by the De p artment of Community 

Coll e g e s. 

m) P r ocedu r es — for — D e signing — Cu rr iculums — at — the 

Institutional L e vel 

fAr) The institution will b e r es p onsible fo r the 

design of the cu rr iculum at t he institutional 
level. 

ffi) The cu rr iculum will adhe r e to the s t andards as 

approved — by — the — State — Boa r d — for — the 
curriculum. 

t€^ When standai ' ds are to be develo p ed fo r a new 

cu rr iculum. — the — institution — or — institutions 
p lanning to submit ap p lications to th e Stat e 
Board for cu rr iculum a ppr oval will jointly 
develop the s t andards with the De p artment of 
Community — Coll e g e s — for — the — pro p os e d 
curriculum fo r p resentation to the State Board 
for action. 
t©) — Th e institution will maintain on file with th e 
Department of Communi t y Colleg e s a co p y of 
the — official — cu rr iculum — a ppr oved — by — the 
institution's board of t r ustees. A co p y of each 
r evised cu rr iculum will be filed with the 
D e partm e nt of Community Colleges prior to 
im p lementation at the institution. 



Authority G.S. 115D-5. 

.0204 COURSES AND STANDARDS FOR 
CURRICULUM PROGRAMS 

A common course library and curriculum standards for 
associate degree, diploma, and certificate programs shall be as 
follows: 

(1) Common Course Library. 

(a) The Common Course Library shall contain the 



following elements for all curriculum program 
credit and developmental courses approved for 
the North Carolina Community College 
System. 

(i) Course prefix; 
(ii) Course number; 
(iii) Course title; 
(iv) Classroom hours and laboratory, 

clinical, and work experience contact 

hours, if applicable; 
(v) Credit hours; 
(vi) Prerequisites and corequisites, if 

applicable; and 
(vii) Course description consisting of three 

sentences. 

(b) A numbering system for the Common Course 
Library is as follows: 

(i) The numbers 050-099 shall be assigned 
to developmental courses. 

(ii) The numbers 100-109 and 200-209 
shall be assigned to courses approved 
only at the certificate and diploma 
level. These courses shall not be 
included in associate degree programs. 

(iii) The numbers 110-199 and 210-299 
shall be used for courses approved at 
the associate degree level. These 
courses may also be included in 
certificate and diploma programs. 

(c) The college shall use the course information 
(prefix, number, title, and classroom, 
laboratory, clinical, work experience, and 
credit hours; prerequisites and corequisites; 
and course description) as listed in the 
Common Course Library. 

(i) The college may add a fourth sentence 
to the course description to clarify 
content or instructional methodology. 

(ii) A college may divide courses into 
incremental units for greater flexibility 
in providing instruction to part-time 
students or to provide shorter units of 
study for abbreviated calendars. The 
following criteria shall apply to courses 
divided into incremental units: 

(A) A curriculum program course 
may be divided into two or three 
units, which are designated with 
an additional suffix following 
the course prefix and number. 

(B) The units shall equal the entire 
course of instruction, without 
omitting any competencies. 

(C) The combined contact and credit 
hours for the units shall equal 
the contact and credit hours for 
the course. 



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12:9 



PROPOSED RULES 



(D) If the course is a prerequisite to 
another course, the student shall 
complete all component parts 
before enrolling in the next 
course. 

(E) The components of a split 
curriculum program course shall 
not be used to supplant training 
for occupational extension. 

(d) The Department of Community Colleges shall 
revise and maintain courses in the Common 
Course Library. 

(2) Development of Curriculum Standards. The 
standards for each curriculum program title shall be 
established jointly by the Department of Community 
Colleges and the institution(s) proposing to offer the 
curriculum program based on criteria established by 
the State Board of Community Colleges. Changes in 
curriculum standards shall be approved by the State 
Board of Community Colleges. Requests for changes 
in the standards shall be made to the State Board of 
Community Colleges under the following conditions: 

(a) A request is made to the Department of 
Community Colleges to change the standards 
for a curriculum program title; and 

(b) The A two-thirds majority of institutions 
approved to offer offering the curriculum 
program title concur with the request. 

(3) Criteria for Curriculum Standards. The standards for 
each curriculum program title shall be based on the 
following criteria established by the State Board of 
Community Colleges for the awarding of degrees, 
diplomas, and certificates. 

(a) Associate in Applied Science Degree. The 

Associate in Applied Science Degree shall be 

granted for a planned program of study 

consisting of a minimum of 64 and a 

maximum of 76 semester hours of credit from 

courses at the 110-199 and 210-299 levels. 

Within the degree program, the institution 

shall include opportunities for the achievement 

of competence in reading, writing, oral 

communication, fundamental mathematical 

skills, and the basic use of computers. 

(i) The associate in applied science degree 

curriculum program shall include a 

minimum of 15 semester hours of credit 

from general education courses selected 

from the Common Course Library, 

including six hours in communications, 

three hours in humanities or fine arts, 

three hours in social or behavioral 

sciences, and three hours in natural 

sciences or mathematics. 

(ii) The associate in applied science degree 

curriculum program shall include a 

minimum of 49 semester hours of credit 



from major courses selected from the 
Common Course Library. Major 
courses are those which offer specific 
job knowledge or skills. 

(A) Within the The major hours 

category cat e go r y, each 

cu rr iculum program shall 

include id e ntified co r e courses 
o r subject a r eas. — Th e r e qui r e d 
subject o r course co r e shall be 
comprised of identified core 
courses or subject areas or 
s p ecific cours e s or both which 
are required for each curriculum 
program. Core subjects Subject 
areas or core courses shall be 
based on curriculum 

competencies and shall teach 
essential skills and knowledge 
necessary for ent r y-level 
employment. The number of 
credit hours required for the core 
may va r y f r om title to title bu t 
shall not be less than 12 
semester hours of credit. 

(B) The major hours category may 
also include hours required for a 
concentration of study. A 
concentration of study is a group 
of courses required beyond the 
core for a specific related 
employment field. A 
concentration shall include a 
minimum of 12 semester hours, 
and the majority of the course 
credit hours shall be unique to 
the concentration. 

(C) Other major hours shall be 
selected from prefixes identified 
on the curriculum standard. A 
maximum of nine semester hours 
of credit may be selected from 
any prefix listed, with the 
exception of prefixes listed in 
the core or concentration. 

(D) Work experience, including 
cooperative education, 
practicums, and internships, may 
be included in an associate in 
applied science degree 
curriculum program up to a 
maximum of eight semester 
hours of credit. Under a 
curriculum standard specifically 
designed for select associate 
degree programs. work 
experience shall be included in a 



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NORTH CAROLINA REGISTER 



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821 



PROPOSED RULES 



(b) 



curriculum ug to a maximum of 

1 6 semester hours of credit. The 

select associate degree programs 

shall be based on a program of 

studies registered under the 

North Carolina Department of 

Labor Apprenticeship programs. 

Only eight semester hours of 

credit of work experience shall 

earn budget FTE. The 

Department of Community 

Colleges shall implement the 

Pilot Work Experience Project 

and shall submit to the State 

Board of Community Colleges a 

report, including the number of 

students involved and associated 

costs, one year after this Rule as 

revised is effective. 

(iii) An associate in applied science degree 

curriculum program may include a 

maximum of seven other required hours 

to complete college graduation 

requirements. These courses shall be 

selected from the Common Course 

Library. 

(iv) Selected topics or seminar courses may 

be included in an associate in applied 

science degree program up to a 

maximum of three semester hours of 

credit. Selected topics or seminar 

courses shall not substitute for required 

general education or major core 

courses. 

Associate in Arts and Associate in Science 

Degrees. The Associate in Arts and Associate 

in Science Degrees shall be granted for 

plaimed programs of study consisting of a 

minimum of 64 and a maximum of 65 

semester hours of credit from approved 

college transfer courses at the 110-199 and 

210-299 levels. Within the degree program, 

the institution shall include opportunities for 

the achievement of competence in reading, 

writing, oral communication, fundamental 

mathematical skills, and the basic use of 

computers. 

(i) The associate in arts and associate in 
science degree programs shall include a 
minimum of 44 semester hours of 
general education core courses selected 
from the Common Course Library and 
approved for transfer to the University 
of North Carolina constituent 
institutions. The general education 
core shall include: 
(A) six semester hours of English 



composition. 

(B) 12 semester hours of humanities 
or fine arts, with four courses to 
be selected from at least three of 
the following disciplines: music, 
art, drama, dance, foreign 
languages, interdisciplinary 
humanities, literature, 
philosophy, and religion. At 
least one course shall be a 
literature course. Three 
semester hours credit in speech 
or communication may be 
substituted for three semester 
hours credit in humanities or 
fine arts. 

(C) 12 semester hours of social or 
behavioral sciences, with four 
courses to be selected from at 
least three of the following 
disciplines: anthropology, 
economics, geography, history, 
political science, psychology, 
and sociology. At least one 
course shall be a history course. 

(D) 14 semester hours of natural 
sciences or mathematics; six 
hours shall be mathematics 
cou r s e s courses: with at leas t 
OTK — c o u r se — in — int r oduct or y 
ma t hema t ics; eight hours shall 
be natural sciences courses, 
including accompanying 
laboratory work, selected from 
among the biological and 
physical science disciplines. 

(ii) The associate in arts and associate in 
science degree programs shall include a 
minimum of 20 and a maximum of 2 1 
additional semester hours of credit 
selected from courses in the Common 
Course Library which have been 
approved for transfer to the University 
of North Carolina constituent 
institutions. Courses in health, 
physical education, college orientation, 
or study skills may be included. 
Selected topics or seminar courses up to 
a maximum of three semester hours 
credit may be included. Work 
experience, including cooperative 
education, practicums, and internships, 
may be included up to a maximum of 
one semester hour of credit for career 
exploration. 

(A) The associate in arts degree 
curriculum program shall 



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PROPOSED RULES 



include a minimum of 20 

semester hours of credit from 

additional general education and 

professional pre-major courses 

which have been approved for 

transfer. 

(B) The associate in science degree 

curriculum program shall 

include a minimum of 14 

semester hours in mathematics 

or science and professional 

courses which have been 

approved for transfer. 

(c) Associate in Fine Arts Degree. The Associate 

in Fine Arts Degree shall be granted for 

plarmed programs of study consisting of a 

minimum of 64 and a maximum of 65 

semester hours of credit from approved 

college transfer courses at the 110-199 and 

210-299 levels. Within the degree program, 

the institution shall include opportunities for 

the achievement of competence in reading, 

writing, oral communication, fundamental 

mathematical skills, and the basic use of 

computers. 

(i) The associate in fine arts degree 
programs shall include a minimum of 
28 semester hours of general education 
core courses selected from the Common 
Course Library and approved for 
transfer to the University of North 
Carolina constituent institutions. The 
general education core shall include: 

(A) six semester hours of English 
composition. 

(B) six semester hours of humanities 
or fine arts, with two courses to 
be selected from two of the 
following disciplines: music, 
art, drama, dance, foreign 
languages, interdisciplinary 
humanities, literature, 
philosophy, and religion. At 
least one course shall be a 
literature course. Three 
semester hours credit in speech 
or communication may be 
substituted for three semester 
hours credit in humanities or 
fine arts. 

(C) nine semester hours of social or 
behavioral sciences, with three 
courses to be selected from three 
of the following disciplines: 
anthropology, economics, 
geography, history, political 
science, psychology, and 



sociology. At least one course 
shall be a history course. 

(D) three semester hours of 
introductory mathematics. 

(E) four semester hours from the 
natural sciences, including 
accompanying laboratory work. 

(ii) The associate in fine arts degree 

programs shall include a minimum of 

36 and a maximum of 37 additional 

semester hours of credit s e lected from 

courses in the Common Course Library 

which have been approved for transfer 

to the University of North Carolina 

constituent institutions. Majo r cours e 

r equi r ements shall be dctciu ' iincd by 

articulation — ag r eements — developed 

unde r the Com p rehensive A r ticulation 

Ag r eemen t . Courses in health, physical 

education, college orientation, or study 

skills may be included. Selected topics 

or seminar courses up to a maximum of 

three semester hours credit may be 

included. Work experience, including 

cooperative education, practicums, and 

internships, may be included up to a 

maximum of one semester hour of 

credit for career exploration. 

(d) Associate in General Education. The 

Associate in General Education shall be 

granted for a planned program of study 

consisting of a minimum of 64 and a 

maximum of 65 semester hours of credit from 

courses at the 110-199 and 210-299 levels. 

Within the degree program, the institution 

shall include oppwrtimities for the achievement 

of competence in reading, writing, oral 

communication, fundamental mathematical 

skills, and the basic use of computers. 

(i) The associate in general education 

degree curriculum program shall 

include a minimum of 15 semester 

hours of credit from general education 

courses selected from the Common 

Course Library, including six hours in 

communications, three hours in 

humanities or fine arts, three hours in 

social or behavioral sciences, and three 

hours in natural sciences or 

mathematics. 

(ii) The remaining hours in the associate in 

general education degree curriculum 

program shall consist of additional 

general education courses selected from 

the Common Course Library. A 

maximum of seven semester hours of 

credit in health, physical education, and 



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823 



PROPOSED RULES 



college orientation or study skills 

courses may be included. Selected 

topics or seminar courses may be 

included in a program of study up to a 

maximum of three semester hours 

credit. 

(e) Diploma. The Diploma shall be granted for a 

planned program of study consisting of a 

minimum of 36 and a maximum of 48 

semester hours of credit from courses at the 

100-299 cou r se level. 

(i) Diploma curricula shall include a 
minimum of six semester hours of 
general education courses selected from 
the Common Course Library. A 
minimum of three semester hours of 
credit shall be in communications, and 
a minimum of three semester hours of 
credit shall be selected from courses in 
humanities and fine arts, social and 
behavioral sciences, or natural sciences 
and mathematics. A — diploma 

cu rr iculum — program — ma^ — include 
gene r al education cou r s e s at the 100- 
10 9 l e v e l. 
(ii) Diploma curricula shall include a 
minimum of 30 semester hours of 
major courses selected from the 
Common Course Library. 

(A) A diploma curriculum program 
which is a stand-alone 
curriculum program title shall 
include identified core courses 
or subject areas or both within 
the major hours category. 

(B) Courses for other major hours in 
a stand-alone diploma 
curriculum program title shall be 
selected from prefixes identified 
on the curriculum standard. A 
maximum of nine semester hours 
of credit may be selected from 
any prefix listed, with the 
exception of prefixes listed in 
the core or concentration. 

(C) Work experience, including 
cooperative education, 
practicums, and internships, may 
be included in a diploma 
curriculum program up to a 
maximum of eight semester 
hours of credit. 

(iii) A diploma curriculum program may 
include a maximum of four other 
required hours to complete college 
graduation requirements. These 

courses shall be selected from the 



(f) 



Common Course Library, 
(iv) An institution may award a diploma 
under an approved associate in applied 
science degree curriculum program for 
a series of courses taken from the 
approved associate degree curriculum 
p rog r am, program of study. 

(A) A diploma curriculum program 
offered under an approved 
associate degree curriculum 
program shall meet the standard 
general education and major 
course requirements for the 
diploma credential. 

(B) A college may substitute general 
education courses at the 100-109 
cou r se level for the associate- 
degree level general education 
courses in a diploma curriculum 
program offered under an 
approved degree program. 

(C) The diploma curriculum 
program offered under an 
approved associate degree 
curriculum program shall require 
a mimmum of 12 semester hours 
of credit from courses extracted 
from the required core courses 
and/or subject areas subjec t o r 
cou r se c or e of the respective 
associate in applied science 
degree curriculum program. 

(v) Selected topics or seminar courses may 

be included in a diploma program up to 

a maximum of three semester hours of 

credit. Selected topics and seminar 

courses shall not substitute for required 

general education or major core 

courses. 

Certificate Programs. The Cenificate shall be 

granted for a planned program of study 

consisting of a minimum of 12 and a 

maximum of 18 semester hours of credit from 

courses at the 100-299 cou r se level. 

(i) General education is optional in 

certificate curricula. 

(ii) Certificate curricula shall include a 

minimum of 12 semester hours of 

major courses selected from the 

Common Course Library. 

(A) A certificate curriculum program 

which is a stand-alone 

curriculum program title or 

which is the highest credential 

level awarded imder an approved 

associate in applied science 

degree or diploma program shall 



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12:9 



PROPOSED RULES 



include 12 semester hours of 
credit from core courses or 
subject areas or both within the 
major hours category. 

(B) Courses for other major hours in 
a stand-alone certificate 
curriculum program shall be 
selected from prefixes identified 
on the curriculum standard. A 
maximum of nine semester hours 
of credit may be selected from 
any prefix listed, with the 
exception of prefixes listed in 
the core or concentration. 

(C) Work experience, including 
cooperative education, 
practicums, and internships, may 
be included in a certificate 
program up to a maximum of 
two semester hours of credit. 

(iii) A certificate curriculum program may 

include a maximum of one other 

required hour of credit to complete 

college graduation requirements. This 

course shall be selected from the 

Common Course Library. 

(iv) An institution may award a certificate 

under an approved degree or diploma 

curriculum program for a series of 

courses totaling a minimum of 12 

semester hours of credit and a 

maximum of 18 semester hours of 

credit taken from the approved 

associate degree or diploma curriculum 

prog r ani. program of study. 

(v) Selected topics or seminar courses may 

be included in a certificate program up 

to a maximum of three semester hours 

credit. 

(4) Curriculum Standards Compliance. Each institution 

shall select curriculum program courses from the 

Common Course Library to comply with the 

standards for each curriculum program title the 

institution is approved to offer. The selected courses 

shall comprise the college's program of study for that 

curriculum program. 

(a) Each institution shall maintain on file with the 
Department of Community Colleges a copy of 
the official program of study approved by the 
instimtion's board of trustees. A co p y of each 
r evised pr og r am of study shall be filed with 
the De p artmen t of Community Coll e ges p rior 
to implementation at th e ins t itution. 

(b) When requesting approval to offer a 
curriculum program title, an institution shall 
submit a program of study for that curriculum 
program title. 



(c) A copy of each revised program of study shall 
be filed with and approved by the Department 
of Community Colleges prior to 
implementation at the institution. 

Authorit}' G.S. 115D-5; S.L. 1995, c. 625. 

.0205 PROGRAM REVIEW 

(a) Each college shall monitor the quality and viability of all 
its programs and services. Each curriculum program and the 
occupational extension program shall be reviewed aimually. 
Colleges shall provide information to the Department of 
Community Colleges on program en r ollmen t enrollment: and 
cost; student progress, achievement and outcomes; and 
employer satisfaction. 

(b) Associate in Applied Science, diploma and certificate 
programs shall meet the following standards for performance: 

(1) the standard required by an outside licensure or 
accrediting agency for passing rates on licensure or 
certification examinations, where applicable; and 

(2) a satisfactory level on at least five of the following 
eight required elements: 

(A) a three year annual average enrollment of at 
least 10 students, unduplicated headcount; 

(B) student goal accomplishment for program 
completion; 

(C) suident goal accomplishment for other student 
goals; 

(D) program completer satisfaction with program; 

(E) early leaver satisfaction with program; 

(F) program completer employment rate; 

(G) early leaver employment rate; 
(H) employer satisfaction. 

The performance level on Pans (b)(2)(B) through (b)(2)(H) of 
this Rule shall be no more than 15 percent below the system 
average and shall be determined by an annual survey conducted 
by each college based on a standard set of questions developed 
by the D ep artm e n t . Department of Community Colleges. 

(c) The associate Associate in arts Arts , associat e Associate 
in sci e nc e . Science, and associate Associate in fine arts Fine 
Arts degree programs' performance level shall be no more than 
15 percent below the system average grade point average earned 
after two semesters in a four-year institution for students who 
completed 60 or more semester credit hours at the community 
college. 

(d) Programs which do not meet these standards wttt shall be 
subject to further review to document temporary or permanent 
conditions which shall be taken into account to justify offering 
the program. If further review fails to provide a justification 
for the program or to l e ad leads to improvement so that the 
program meets the standards, the program shall be terminated. 

Note: Substance of former 23 NCAC 2C .0604 was 
incorporated into this Rule. 

Authority G.S. 115D-5; 1993 S.L. c. 321, s. 109; S.L. 1995. 
c. 625. 



12:9 



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825 



PROPOSED RULES 



SECTION .0500 - ARTICULATION: 

PUBLIC SCHOOL AND COMMUNITY 

COLLEGE SYSTEMS 

.0501 ARTICULATION 

(a) The State Board of Community Colleges shall encourage 
meetings with the State Board of Education and the Board of 
Governors of The University of North Carolina to discuss 
educational matters of mutual interest and to recommend to the 
General Assembly sttch policies as that are appropriate to 
encourage the improvement of public education at every level 
in North Carolina. 

(b) The State Board of Community Colleges encourages 
formal and informal articulation efforts on a continuing basis 
between among the educational systems. Articulation between 
among the State educational systems should address 
programming, transferability, and other student-oriented issues 
which would result in better serving the educational needs of 
North Carolina. Where feasible, the joint utilization of 
physical facilities, equipment and materials should be 
considered. 

(c) All North Carolina Community College System associate 
in science, associate in arts, and associate in fine arts degree 
programs shall be strucmred to comply with the North Carolina 
Comprehensive Aniculation Agreement for the transfer of 
credits between the institutions of the North Carolina 
Community College System and the University of Nonh 
Carolina. 

Authorin G.S. 115D-2.1: 115D-3; 1150-5; S.L. 1995, c. 625. 



SECTION .0600 - VOCATIONAL 
CURRICULUM 

.0604 COLLABORATIVE AGREEMENTS 

(a) Two or more colleges may enter into a written 
collaborative agreement for the purpose of offering credit 
courses or programs. The collaborative agreement shall: 



(1) 

(2) 



(3) 



Specify the curriculum program(s) to be shared; 

Define the plan for sharing the curriculum 

program(s), including who shall earn the FTE and 

grant the award(s); 

Certify that appropriate and adequate resources are 

available at each participating college. Where 

feasible, the joint utilization of physical facilities, 

equipment, materials, and instructional faculty 

should be considered; 

Certify that the curriculum program(s) meets the 

standards of the appropriate accrediting agency; 

Specify' under what conditions and what time frame 

the agreement can be terminated. 

Be signed by the president and approved by the board 

of trustees of each participating college; and 

Be approved by the System President. 

(b) One or more of the colleges participating in the 
collaborative agreement shall be approved by the State Board of 
Community Colleges to offer the curriculum program shared by 
under the collaborative agreement. 

(c) Notification of termination of an agreement shall be sent 
to the System President prior to the effective termination date. 



(4) 



(5} 



t5tl6l 



mm 



Authority G.S. 115D-5; S.L. 
s. 18; S.L. 1995, c. 625. 



1993. 2nd session, c. 769, p. 18, 



826 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENfT OF HEALTH 
AND HUMAN SERVICES 

Rule-making Agency: DHHS-Division of Medical Assistance 

Rule Citation: 10 NCAC 26H .0212 - .0213 

Effective Date: September 30, 1997 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 108A-25(b); 108A-54; 
W8A-55; 42 C.F.R. 447, Subpart C 

Reason for Proposed Action: This change is necessary to 
ensure the continuing availability of an adequate level of 
services to Medicaid and uninsured persons. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by January 2, 1998 to 
Portia Rochelle, APA Coordinator, Division of Medical 
Assistance, 1985 Urns tead Drive, Raleigh. NC 27603. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0200 - HOSPITAL INPATIENT 
REIMBURSEMENT PLAN 

.0212 EXCEPTIONS TO DRG REIMBURSEMENT 

(a) Covered psychiatric and rehabilitation inpatient services 
provided in either specialty hospitals. Medicare recognized 
distinct part units (DPU), or other beds in general acute care 
hospitals shall be reimbursed on a per diem methodology. 

(1) For the purposes of this Section, psychiatric inpatient 
services are defined as admissions where the primary 
reason for admission would result in the assignment 
of DRGs in the range 424 through 432 and 436 
through 437. 

For the purposes of this Section, rehabilitation 
inpatient services are defined as admissions where the 
primary reason for admissions would result in the 
assignment of DRG 462. All services provided by 
specialty rehabilitation hospitals are presumed to 
come under this definition. 

(2) When a patient has a medically appropriate transfer 
from a medical or surgical bed to a psychiatric or 
rehabilitative distinct part unit within the same 
hospital, or to a specialty hospital the admission to 
the distinct part unit or the specialty hospital shall be 
recognized as a separate service which is eligible for 



reimbursement under the per diem methodology. 
Transfers occurring within general hospitals from 
acute care services to non-DPU psychiatric or 
rehabilitation services are not eligible for 
reimbursement under this Section. The entire 
hospital stay in these instances shall be reimbursed 
under the DRG methodology. 

(3) The per diem rate for psychiatric services is 
established at the lesser of the actual cost trended to 
the rate year or the calculated median rate of all 
hospitals providing psychiatric services as derived 
from the most recent as filed cost reports. 

(4) Hospitals that do not routinely provide psychiatric 
services shall have their rate set at the median rate. 

(5) The per diem rate for rehabilitation services is 
established at the lesser of the actual cost trended to 
the rate year or the calculated median rate of all 
hospitals providing rehabilitation services as derived 
from the most recent filed cost reports. 

(6) Rates established under this Paragraph are adjusted 
for inflation consistent with the methodology under 
Rule .0211 Subparagraph (d)(5) of this Section. 

(b) To assure compliance with the separate upper payment 
limit for State-operated facilities, the hospitals operated by the 
Department of Human Resources and all the primary affiliated 
teaching hospitals for the University of North Carolina Medical 
Schools shall be reimbursed their reasonable costs in 
accordance with the provisions of the Medicare Provider 
Reimbursement Manual. This Manual referred to as, (HCFA 
Publication #15-1) is hereby incorporated by reference 
including any subsequent amendments and editions. A copy is 
available for inspection at the Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, NC. Copies may be obtained 
from the U.S. Department of Commerce, National Technical 
Information Service, Subscription Department, 5285 Port Royal 
Road, Springfield, VA 22161 at a cost of one hundred forty 
seven dollars ($147.00). Purchasing instructions may be 
received by calling (703) 487-4650. Updates are available for 
an additional fee. The Division shall utilize the DRG 
methodology to make interim payments to providers covered 
under this Paragraph, setting the hospital unit value at a level 
which can best be expected to approximate reasonable cost. 
Interim payments made under the DRG methodology to these 
providers shall be retrospectively settled to reasonable cost. 

(c) When the Norplant contraceptive is inserted during an 
inpatient stay the current Medicaid fee schedule amount for the 
Norplant kit shall be paid in addition to DRG reimbursement. 
The additional payment for Norplant shall not be paid when a 
cost outlier or day outlier increment is applied to the base DRG 
payment. 

(d) Hospitals operating Medicare approved graduate medical 
education programs shall receive a per diem rate adjustment 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



827 



TEMPORARY RULES 



which reflects the reasonable direct and indirect costs of 
operating these programs. The per diem rate adjustment shall 
be calculated in accordance with the provisions of Rule .02 11 
Paragraph (f) of this Section. 

(e) ror t he 12-month pe r iod ending September 30. 1 99 5. 
hospi t als licensed by t he — Sta t e o f N or th Carolina and 
r e imbursed unde r th e DRG me t hod o l o gy fo r m or e than 50 
pereen t o f Medicaid inpatient discha r ges shall be entitled to an 
additional paymen t in an amount dettrmiiied by the Di r ec t o r o f 
t he Division o f M e dical Assistance, subj e c t to the foll o wing 
provisions : Hospitals licensed by the State of North Carolina 
and reimbursed under the DRG methodology for more than 50 
percent of their Medicaid inpatient discharges for the 12-month 
period ending September 30. 1997 shall be entitled to an 
additional payment for inpatient and outpatient hospital services 
in an amount determined by the Director of the Division of 
Medical Assistance, subject to the following provisions: 

(1) The — maximum — p ayments — autho r ized — by — this 
Paragraph f or p ublic hospi t als that qualify unde r the 
c r i t eria in Part (A) of this Subparagraph shall be 
calculated by asc er taining the reasonable cos t of 
in p a t ien t and o u tp atien t hos p i t al Medicaid se r vic e s, 
phts — the — reasonable — di re ct — and — indirec t — costs 
at tr ibu t able — to — Medicaid — services — of op er ating 
Medicare — approved — g r adua t e — medical — educa t ion 
programs, less Medicaid p ayments re c e ived o r to b e 

r e c e iv e d — fo r these — s er vices. With — r espec t t o 

qualifying hos p itals tha t arc not p ublic hos p i t als 
qualified under Par t (A) of this Sub p arag r a p h, th e 
maximum payment auth or ized by this Paragraph shall 
be calculated by ascertaining 64.71 p er c e n t of th e 
unreimbursed reasonabl e cost cal c ula t ed by us e of the 
m e thodology described in die preceding sentence, not 
t o exceed in the aggregate fo r all such hos p itals Fifty 
one — million — seven — hund r ed — thousand — dollars 
(S5 1.700. 000). For p u rp os e s o f this Sub p aragra p h : 
To ensure that the payments authorized by this 
Subparagraph for qualified public hospitals that 
qualify under the criteria in Part (A) of this 
Subparagraph, do not exceed the upper limits 
established by 42 C.F.R. 447.272. the maximum 
payments authorized for qualified public hospitals 
shall be determined for all such qualified public 
hospitals for the 12 -month period ending September 
30. 1997 by calculating the "Medicaid Deficit" for 
each hospital. The Medicaid Deficit shall be 
calculated by ascertaining the reasonable costs of 
inpatient and outpatient hospital Medicaid services: 
plus the reasonable direct and indirect costs 



attributable to inpatient and outpatient Medicaid 
services of operating Medicare approved graduate 
medical education programs: less Medicaid payments 
received or to be received for these services. For 
purposes of this Subparagraph: 
(A) A qualified public hospital is a hospital that 

meets the other requirements of this Paragraph 

and: 



(B) 



(i) was owned or operated by a State (or 

by an instrumentality or a unit of 

government within a State) th ro ughout 

the 12-month p e r i o d ending Septembei 

30. 1 99 0; from September 1 through 

and including September 30. 1997: 

(ii) indicat e d its legal entity sta t us as a 

government — tmrt — on — the — H o s p ital 

License Renewal Applica t i o n Filed with 

the Divisi o n of Facility Services. Nor t h 

Carolina — De p ar t ment — of — Human 

R e sourc e s for the 1 99 5 calendar year; 

and verified its status as a public 

hospital hx certifying State, local. 

hospital district or authority 

government control on the most recent 

version of Form HCFA-15 14 filed with 

the Health Care Financing 

Administration. U.S. Depanment of 

Health and Human Services on or 

before September 1 . 1997: and 

(iii) submi t s t o the Division o f Medical 

Assistance on o r before Sep t embe r 20, 

1 995 by use of a form p r escribed by th e 

Division, — a — ce rt ifica t e — of — ptiWic 

ex p enditures t o suppoi t th e n o n-fede r al 

sha re of the p ayment i t shall r eceiv e 

pursuan t t o this Parag r a p h, files with 

the Division on or before September 1. 

1997 by use of a form prescribed by the 

Division a certificate of public 

expenditures to support the non-federal 

share of the payment k shall receive 

pursuant to this Subparagraph. 

Reasonable costs shall be ascertained in 

accordance with the provisions of the 

Medicare Provider Reimbursement Manual. 

This Manual, r ef erre d t o as IICFA Publication 

#15-1, is he r eby inco rp ora t ed by reference 

including — subsequent — amendments — and 

edi t ions. A copy o f this Manual is available 

f or ins p ec t ion a t t he Divisi o n of Medical 

Assis t anc e . 1 9 85 Ums t ead D r ive, Raleigh, 

N€-. — Copies may be obtain e d f ro m the US 

D e par t men t of Comm er c e , Na t ional Technical 



Information 



Se r vice. 



Subscription 



Department, — 5iS5 — Port — R o yal — Road, 
Springfield, VA 22101, at a cos t of one 
hund r ed — fony-seven — dollars — ($147.00). 
Pu r chasing insti - uctions may be r eceived by 
calling (703) 487-4050. U p dates are available 
fo r an additional fee. Manual as defined in 
Paragraph (b) of this Rule. 
(C) The phrase "Medicaid payments received or to 
be received for these services" shall exclude 
all Medicaid disproportionate share hospital 
payments received or to be received. 



828 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



TEMPORARY RULES 



received. exce pt for p aym e n t s r eceived o r t o be 
r e ceived p ursuan t t o 10 NCAC 26II .0213(d). 

(2) Should 64.71 pe r cen t of the unreimbu r sed r easonable 
cos t of Medicaid se r vices for qual if ying hos p i t als that 
arc not qualified public hospitals be determined by 
the Directo r of tlic Division of Medical Assistanc e to 
CACCcd the sum of fifty one million seven hundred 
thousand — dollars — (551,700.000), — the — maximum 
payment of fifty one nullion seven hund re d thousand 
dollars ($51,700,000) to such hos p itals authoriz e d by 
this Pai - ag r aph shall be pr o r a t ed among such hospitals 
based on unreimbursed reasonable costs. Qualified 
public hospitals shall receive a payment under this 
Paragraph in an amount (including the public 
expenditures certified to the Division by each 
hospital for the non-federal share) not to exceed each 
hospital's Medicaid Deficit. 

(3) Payments authorized by this Parag r a p h shall be made 
on o r befo r e September 30. 1 99 5 solely on the basis 
of an estimate of cos t s incur r ed and paymen t s 
rec e ived for Medicaid sci - vices during the 12 months 
ending Sep t ember 30. 1 99 5. — Th e D i r e ctor of th e 
Division of Medical Assistance shall determine the 
amoun t o f t he estima t ed paym e nts to b e made by 
analysis of cos t s incu rr ed and p ayments received for 
Medicaid services as r e p o r ted on cos t r e p o r ts fo r 
fiscal years ending in 1 99 4 filed befo r e Se p tembe r 
+5; — 1 99 5 and supplemented by such additional 
financial information as is available to the Di r ector 
when the es t ima t ed paymen t s ar e calculated if and to 
the extent tha t the Direc t or c o ncludes that such 
additional — financial — inforniation — is reliable and 
r elevan t . Hospitals licensed by the State of North 
Carolina and reimbursed under the DRG 
methodology for more than 50 percent of their 
Medicaid inpatient discharges for the 12-months 
ending September 30. 1997 that are not qualified 
public hospitals as defined in this Paragraph shall be 
entitled to an additional payment under this 
Subparagraph for the Medicaid Deficit calculated in 
accordance with Subparagraph (JQ in an amount not 
to exceed 63.89 percent of the Medicaid Deficit. 

(4) Solely to ensu r e that estimated p ayments pursuant to 
Sub p arag r a p h (3) of this Parag r a p h do not exceed the 
hos p ital s pe cific and state aggr e gat e u pp er limits to 
such p aymen t s establish e d by a pp licable fede r al law 
and r egulation, such p ayments shall be cost settled as 
d e termin e d by an independent CPA furnished by the 

cove r ing the 12 
99 5, and hospital 



pr ovide r , bas e d on cost rc p ons 
months ending Se p tembe r 30 



r eci p ients of such p aym e nts shall p romptly r efund 
such p ayments if and to th e extent that such p ayments 
exce e d the a p plicable upper limit. — No additional 
p aym e nts shall be made in comicction with the cos t 
settlement. Payments authorized by this Paragraph 
shall be made solely on the basis of an estimate of 
costs incurred and payments received for inpatient 



and outpatient Medicaid services during the payment 
fiscal year 1997. The Director of the Division of 
Medical Assistance shall determine the amount of the 
estimated payments to be made by analysis of costs 
incurred and payments received for Medicaid 
services as reported on cost reports for fiscal year 
ending in 1996 filed before September L, 1997 and 
supplemented by additional financial information 
available to the Director when the estimated 
payments are calculated if and to the extent that the 
Director concludes that the additional financial 
information is reliable and relevant. 

(5) The p aymen t s authoriz e d by this Pai - ag r a p h shall b e 
e ffective in acco r dance with G.S. 108A-55(c). To 
ensure that estimated payments pursuant to this 
Paragraph do not exceed the State aggregate upper 
limits to such payments established by applicable 
federal law and regulation (42 C.F.R. 447.272). 
such payments shall be cost settled within 12 months 
of receipt of the completed cost report covering the 
12-month period ending September 30. 1997. There 
shall be a separate cost settlement procedure for 
inpatient and outpatient hospital services. In 
addition, for both inpatient and outpatient hospital 
services, there shall be a separate cost settlement 
procedure for state-operated hospitals and for 
hospitals that are not qualified public hospitals. As 
to each of these separate cost settlement procedures. 
if it should be determined that aggregate payments 
under this Paragraph exceed aggregate upper limits 
for such payments, any hospital that received 
payments under this Paragraph in excess of 
unreimbursed reasonable costs as defined in this 
Paragraph shall promptly refund its proportionate 
share of aggregate payments in excess of aggregate 
upper limits. The proportionate share of each such 
hospital shall be ascertained b^; calculating for each 
such hospital its percentage share of all payments to 
all members of the cost settlement group that are in 
excess of unreimbursed reasonable costs, and 
multiplying that percentage times the amount by 
which aggregate payments being cost settled exceed 
aggregate upper limits applicable to such payments. 
No additional payments shall be made in connection 
with these cost settlements. 

(6) The payments authorized by this Paragraph shall be 
effective in accordance with G.S. 108A-55(c). 

History Note: Authority G.S. 108A-25(b); 108A-54; 108A-55; 

108A-55(c); 42 C.F.R. 447. Subpart C; 

Eff. February 1. 1995; 

Filed as a Temporary' Amerulment Eff. September 15, 1995, for 

a period of 180 days or until the permanent rule becomes 

effective, whichever is sooner; 

Amended Eff. January 1, 1996; 

Temporary Amendment Eff. September 25, 1996; 

Temporary Amendment Eff. September 30. 1997. 



12:9 



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November 3, 1997 



829 



TEMPORARY RULES 



[Please note that Paragraph (g) in bold reflects the temporary 

amendment effective April 15, 1997.] 

.0213 DISPROPORTIONATE SHARE HOSPITALS 

(a) Hospitals that serve a disproportionate share of 
low-income patients and have a Medicaid inpatient utilization 
rate of not less than one percent are eligible to receive rate 
adjustments. The cost report data and financial information 
that is required in order to qualify as a disproportionate share 
hospital effective April 1, 1991 is based on the fiscal year 
ending in 1989 for each hospital, as submitted to the Division 
of Medical Assistance on or before April 1, 1991. The cost 
report data and financial information to qualify as a 
disproportionate share hospital effective July 1, 1991 is based 
on the fiscal year ending in 1990 for each hospital, as submitted 
to the Division of Medical Assistance on or before September 
1, 1991. In subsequent years, qualifications effective July 1 of 
any particular year are based on each hospital's fiscal year 
ending in the preceding calendar year. The patient days, costs, 
revenues, or charges related to nursing facility services, 
swing-bed services, home health services, outpatient services, 
or any other service that is not a hospital inpatient service 
cannot be used to qualify for disproportionate share status. A 
hospital is deemed to be a disproportionate share hospital if: 

( 1 ) The hospital has at least two obstetricians with staff 
privileges at the hospital who have agreed to provide 
obstetric services to individuals eligible for 
Medicaid. In the case of a hospital located in a rural 
area, the term obstetrician includes any physician 
with staff privileges at the hospital to perform 
non-€mergency obstetric services as of December 2 1 , 
1987 or to a hospital that predominantly serves 
individuals under 18 years of age; and 

(2) The hospital's Medicaid inpatient utilization rate, 
defined as the percentage resulting from dividing 
Medicaid patient days by 'otal patient days, is at least 
one standard deviation above the mean Medicaid 
inpatient utilization rate for all hospitals that receive 
Medicaid payments in the state; or 

(3) The hospital's low income utilization rate exceeds 25 
percent. The low-income utilization rate is the sum 
of: 

(A) The ratio of the sum of Medicaid inpatient 
revenues plus cash subsidies received from the 
State and local governments, divided by the 
hospital's total patient revenues; and 

(B) The ratio of the hospital's gross inpatient 
charges for charity care less the cash subsidies 
for inpatient care received from the State and 
local governments divided by the hospital's 
total inpatient charges; or 

(4) The sum of the hospital's Medicaid revenues, bad 
debts allowance net of recoveries, and charity care 
exceeds 20 percent of gross patient revenues; or 

(5) The hospital, in ranking of hospitals in the State, 
from most to least in number of Medicaid patient 
days provided, is among the top group that accounts 



for 50 percent of the total Medicaid patient days 
provided by all hospitals in the State; or 
(6) It is a Psychiatric hospital operated by the North 

Carolina Department of Human Resources, Division f 
of Mental Health, Developmental Disabilities, ^ 
Substance Abuse Services (DMH/DD/SAS) or UNC 
Hospitals operated by the University of North 
Carolina. 

(b) The rate adjustment for a disproportionate share hospital 
is 2.5 percent plus one fourth of one percent for each 
percentage point that a hospital's Medicaid inpatient utilization 
rate exceeds one standard deviation of the mean Medicaid 
inpatient utilization rate in the State. The rate adjustment is 
applied to a hospital's payment rate exclusive of any previous 
disproportionate share adjustments. 

(c) An additional one time payment for the 12-month period 
ending September 30, 1995, in an amount determined by the 
Director of the Division of Medical Assistance, may be paid to 
the Public hospitals that are the primary affiliated teaching 
hospitals for the University of North Carolina Medical Schools 
less payments made under authority of Paragraph (d) of this 
Rule. The payment limits of the Social Security Act, Title 
XIX, Section 1923(g)(1) applied to this payment require that 
when this payment is added to other Disproponionate Share 
Hospital payments, the additional disproportionate share 
payment will not exceed 100 percent of the total cost of 
providing inpatient and outpatient services to Medicaid and 
uninsured patients less all payments received for services 
provided to Medicaid and uninsured patients. The total of all A 
payments may not exceed the limits on DSH funding as set for V 
the State by HCFA. 

(d) Effective July 1, 1994, hospitals eligible under 
Subparagraph (a)(6) of this Rule shall be eligible for 
disproportionate share payments, in addition to other payments 
made under the North Carolina Medicaid Hospital 
reimbursement methodology, from a disproportionate share ' 
pool under the circumstances specified in Subparagraphs (1), 

(2) and (3) of this Paragraph. 

(1) An eligible hospital will receive a monthly 
disproportionate share payment based on the monthly 
bed days of services to low income persons of each 
hospital divided by the total monthly bed days of 
services to low income persons of all hospitals items 
allocated funds. 

(2) This payment shall be in addition to the 
disproportionate share payments made in accordance 
with Subparagraphs (a)(1) through (5) of this Rule. 
However, DMH/DD/SAS operated hospitals are not 
required to qualify under the requirements of 
Subparagraphs (a)(1) through (5) of this Rule. 

(3) The amoimt of allocated funds shall be determined by 
the Director of the Division of Medical Assistance, 
but not to exceed the quanerly grant award of funds 
(plus appropriate non-federal match) earmarked for 
disproportionate share hospital payments less m 
payments made under Subparagraphs (a)(1) through ^ 
(5) divided by three. 



830 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



TEMPORARY RULES 



In Subparagraph (d)(1) of this Rule, bed days of services to 
low income persons is defined as the number of bed days 
provided to individuals that have been determined by the 
hospital as patients that do not possess the financial resources 
to pay portions or all charges associated with care provided. 

Low income persons include those persons that have been 
determined eligible for medical assistance. The count of bed 
days used to determine payment is based upon the month 
immediately prior to the month that payments are made. 

Disproportionate share payments to hospitals are limited in 
accordance with The Social Security Act as amended. Title XIX 
section 1923 (g), limit on amount of payment to hospitals. 

(e) Subject to the availability of funds, hospitals that: qualify 
as disproportionate share hospitals under Subparagraphs (a)( 1 ) 
through (5) of this Rule for the fiscal years ended September 
30, 1995. 1996 and 1997: 1 99 5, and Se p tembe r 30, 1 99 6 ; 
operate Medicare approved graduate medical education 
programs for the fiscal years ended Se p t e mbe r 30, 1 99 5 and 
Sep t ember 30. 19 9 6: and reported Medicaid costs attributable 
to such programs to the Division on cost reports for fiscal years 
ending in 1995. 1996 and 1997: and incur for the 12-month 
period ending September 30, +996 1997 unreimbursed costs 
(calculated without regard to payments under either this 
Paragraph or Paragraph (0 of this Rule) for providing inpatient 
and outpatient services to uninsured patients in an amount in 
excess of two million five hundred thousand dollars 
($2,500,000) shall be eligible for disproportionate share 
payments for such services from a disproportionate share pool 
under the circumstances specified in Subparagraphs ( 1 ) through 
(7) of this Paragraph. 

(1) Qualification for the 12 month period ending 
September 30, 1996 shall be based on cost report 
data and uninsured patient data certified to the 
Division by hospitals on or before September 23, 
1996 for fiscal years ending in 1995, in connection 
with the disproportionate share hospital application 
process. Qualification for subsequent 12 month 
periods ending September 30 of each year shall be 
based on cost report data and uninsured patient data 
certified to the Division by hospitals on or before 
September 1 of each subsequent year, for the fiscal 
year ending in the preceding calendar year. 

(2) Any payments made pursuant to this Paragraph shall 
be calculated and paid no less frequently than 
annually, and prior to the calculation and payment of 
any disproportionate share payments pursuant to 
Paragraph (0 of this Rule. 

(3) For the 12 month period ending September 30, 1996 
a payment shall be made to each qualified hospital in 
an amount determined by the Director of the 
Division of Medical Assistance based on a percentage 
(not to exceed a maximum of 23 percent) of the 
unreimbursed costs incurred by each qualified 
hospital for inpatient and outpatient services 
provided to uninsured patients. 

(4) In subsequent 12 month periods ending September 
30th of each year, the percentage payment shall be 



ascertained and established by the Division by 
ascertaining funds available for payments pursuant to 
this Paragraph divided by the total unreimbursed 
costs of all hospitals that qualify for payments under 
this Paragraph for providing inpatient and outpatient 
services to uninsured patients. 

(5) The payment limits of the Social Security Act, Title 
XIX, section 1923(g)(1) applied to the payments 
authorized by this Paragraph require that when this 
payment is added to other disproportionate share 
hospital payments, the total disproportionate share 
payments shall not exceed 100 percent of the total 
costs of providing inpatient and outpatient services to 
Medicaid and uninsured patients for the fiscal year in 
which such payments are made, less all payments 
received for services to Medicaid and uninsured 
patients. The total of all disproportionate share 
hospital payments shall not exceed the limits on 
disproportionate share hospital funding as established 
for this State by HCFA. 

(6) To ensure that payments pursuant to Paragraph (e) do 
not exceed the State aggregate upper limits to such 
payments established by applicable federal law and 
regulation (42 C.F.R. 447.272), such payments shall 
be cost settled within 12 months of receipt of the 
completed cost report covering the period for which 
such payments are made. If any hospital receives 
payments, pursuant to this Subparagraph in excess of 
the percentage established by the Director under 
Subparagraph (d)(3) of this Rule, ascertained without 
regard to other disproportionate share hospital 
payments that may have been received for services 
during the 12-month period ending September 30, 
1996, such excess payments shall promptly be 
refunded to the Division. No additional payment 
shall be made to qualified hospitals in connection 
with the cost settlement. 

(7) The payments authorized by Subparagraph (6) shall 
be effective in accordance with G.S. 108A-55(c). 

(f) An additional one-time disproportionate share hospital 
payment during the 12-month period ending September 30, 
i-996 1997 (subject to the availability of funds and to the 
payment limits specified in this Paragraph) shall be paid to 
qualified public hospitals. For purposes of this Paragraph, a 
qualified public hospital is a hospital that qualifies for 
disproportionate share hospital status under Subparagraphs 
(a)(1) through (5) of this Rule; does not qualify for 
disproportionate share hospital status under Subparagraph (a)(6) 
of this Rule; was owned or operated by a State (or by an 
instrumentality or a unit of government within a State) 
t h r oughout the 12-month p e r iod ending Se p tember 30, 1996; 
from September L, 1997 through and including September 30. 
1997: verified its status as a public hospital by certifying state, 
local, hospital district or authority government control on the 
most recent version of Form HCFA-1514 filed with the Health 
Care Financing Administration, U.S. Department of Health and 
Human Services on or before September 23, 1996 L, 1997: files 



12:9 



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Novembers, 1997 



831 



TEMPORARY RULES 



with the Division on or before September 23. 1 9 % J_, 1997 by 
use of a form prescribed by the Division a certification of its 
imreimbursed charges for inpatient and outpatient services 
provided to uninsured patients during the fiscal year ending in 
1 99 5 ; 1996: and submits to the Division on or before 
September 23. 1 99 6 1, 1997: by use of a form prescribed by 
the Division a certificate of public expenditures. 

(1) The payment to qualified public hospitals pursuant to 
this Paragraph for the 12-month period ending 
September 30. i9% 1997 shall be based on and shall 
not exceed the unreimbursed charges certified to the 
Division by each such hospital by use of a form 
prescribed by the Division for inpatient and 
outpatient services provided to uninsured patients for 
the fiscal year ending in 1 99 5 1996. to be convened 
by the Division to imreimbursed cost by multiplying 
unreimbursed charges times the cost-to-charge ratio 
established by the Division for each hospital for the 
fiscal year ending in 1 99 5. 1996. Payments 
authorized by this Paragraph shall be made no less 
frequently than annually. 

(2) Any payments pursuant to this Paragraph shall be 
ascertained and paid after any disproportionate share 
hospital payments that may have been or may be paid 
by the Division pursuant to Paragraph (d) Paragraphs 
(d) and (e) of this Rule. 

(3) The payment limits of the Social Security Act, Title 
XIX, Section 1923 (g)(1) applied to this payment 
require that when this payment is added to other 
disproportionate share hospital payments, the total 
disproponionate share hospital payments will not 
exceed 100 percent of the total costs of providing 
inpatient and outpatient services to Medicaid and 
uninsured patients for the fiscal year in which such 
payments are made, less all payments received for 
services to Medicaid and uninsured patients for that 
year. The total of all DSH payments by the Division 
may not exceed the limits on disproportionate share 
hospital funding as established for this State by 
HCFA for the fiscal year in which such payments are 
made. 

(4) To ensure that estimated payments pursuant to 
Paragr^h (f) do not exceed the State aggregate upper 
limits to such payments established by applicable 
federal law and regulation (42 C.F.R. 447.272), 
such payments shall be cost settled within 1 2 months 
of receipt of the completed cost report covering the 
12 month period for which such payments are made. 
No additional payments shall be made in coimection 
with the cost settlement. 

(5) The payments authorized by Paragraph (f) of this 
Rule shall be effective in accordance with G.S. 
108A-55(c). 

{gi Effective with dates of payment be ginning October 
31. 1996. hospitals that provide ser\ices to clients of State 
Agencies are considered to be a Disproportionate Share 
Hospital (DSH) when the following conditions are met: 



£11 The hospital has a Medicaid inpatient utilization 
rate not less than one percent and has met the 
requirements of Subparagraph (a)(1) of this Rule: 
and 

(2) The State Agency has entered into a Memorandum 
of Understanding rMOLD with the Division of 
Medical .\ssistance (Division): and 

(3) The inpatient and outpatient services are 
authorized bv the State A gency for which the 
uninsured client meets the p ro gram requirements. 

(A) For purposes of this paragraph, uninsured 
patients are those clients of the State 
A gency that have no third parties 
responsible for any hospital services 
authorized bv the State Agency. 

(B) DSH payments are paid for services to 
qualified uninsured clients on the following 
basis: 

ill For inpatient services the amount of 
the DSH payment is determined bv 
the State A gency in accordance with 
the a pplicable Medicaid inpatient 
payment methodolog y as stated in 
Rule .0211 of this Section. 
(ii) For outpatient services the amount of 
the DSH payment is determined by 
the State A gency in accordance with 
the a pplicable Medicaid outpatient 
payment methodolog y as stated in 
Section 24 of Chapter 18 of the 1996 
General Assembly of North Carolina, 
(iii) No federal funds are utilized as the 
non-federal share of authorized 
payments unless the federal funding 
is specifically authorized by the 
federal funding a gency as eli gible for 
use as the non-federal share of 
payments. 

(C) Based upon this subsection DSH payments 
as submitted by the State A gency are to be 
paid monthly in an amount to be reviewed 
and a pproved by the Division of Medical 
Assistance. The total of all payments may 
not exceed the limits on Disproportionate 
Share Hospital funding as set forth for the 
state by HCFA. 

History Note: Authority G.S. 108A-25(b); 108A-54; 108A-55; 

42 C.F.R. 447, Subpart C; 

Eff. February 1, 1995; 

Amended Eff. July 1, 1995; 

Filed as a Temporary Amendment Eff. September 15, 1995, for 

a period of 180 days or until the permanent rule becomes 

effective, "whichever is sooner; 

Filed as a Temporary Amendment Eff. September 29, 1995, for 

a period of 180 days or until the permanent rule becomes 

effective, whichever is sooner; 



832 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



TEMPORARY RULES 



Amended Eff. January I, 1996; 
Temporary Amendment Eff. September 25, 1996; 
Temporary Amendment Eff. April 15, 1997; 
Temporary Amendment Eff. September 30. 1997. 



TITLE ISA - DEPARTMENT OF ENVraONMENT 
AND NATURAL RESOURCES 

Rule-making Agency: Department of Environment and 
Natural Resources 

Rule Citation: 15A NCAC IJ .0401 - .0402 

Effective Date: October 23. 1997 

Findings Reviewed and Approved by: Julian Mann 

Authority for the rule-making: G.S. 159G-10 

Reason for Proposed Action: House Bill 515 has amended 
G.S. 159G-10 which governs the priority criteria for funding 
wastev^'ater and water supply projects through the State's Clean 
Water Rewhing Loan and Grant Program. It requires that the 
agency include the existence of a comprehensive land-use plan 
when prioritizing funding for construction projects. 

Comment Procedures: Written comments may be submitted in 
writing to Bobby Blowe, Division of Water Quality, 
Construction Grants and Loans Section, DENR. PO Box 
29579, Raleigh, NC 27626-0535, (919) 733-6900. 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER IJ - STATE CLEAN 

WATER REVOLVING LOAN 

AND GRANT PROGRAM 

SECTION .0400 - CRITERIA FOR 
EVALUATION OF ELIGIBLE APPLICATIONS 

.0401 GENERAL CRITERIA 

(a) During the review periods set forth in Section .0800 of 
this Subchapter all eligible applications shall be assigned a 
priority for loan or grant funds. Priorities shall be assigned by 
the Environmental Management Commission for applications 
for project loans or grants for wastewater treatment works and 
wastewater collection systems and by the Division of 
Environmental Health for applications for project loans or 
grants for water supply systems. 

(b) In determining the priority to be assigned each eligible 
application, the Environmental Management Commission and 
the Division of Environmental Health will give consideration 
to the following priority factors: 

(1) Primary consideration shall be given to the public 
necessity of the project in promoting the public 
health, safety, and welfare and in providing or 



having the potential of providing the greatest benefit 
to the greatest number of persons. 

(2) Consideration shall also be given to the eligibility of 
the proposed project for federal funding; the 
compatibility of the proposed project with the state's 
general program of water supply and water pollution 
control, and any applicable regional planning 
program; the population to be served; the fiscal 
responsibility of the applicant; and the need of the 
applicant for funding assistance. 

(3) Additional consideration shall be given to eligible 
imits of goveriunent which demonstrate practices for 
the conservation of water, water or which have a 
comprehensive land-use plan. 

(c) The categorical elements and items to be considered in 
assigning priorities to each application for which loan or grant 
funds are sought, and the points to be awarded to each 
categorical element and item are set forth in Sections .0500, 
.0600 and .0700 of this Subchapter. Unless otherwise 
specifically indicated, if an item for an element of a particular 
category applies specifically to the application under 
consideration, the application will be awarded the number of 
points assigned to that item for the categorical element; and if 
no item applies, no points will be awarded the application for 
that particular element. 

History Note: Filed as a Temporary Rule Eff. February 2, 

1988 for a Period of 180 Days to Expire on August 1, 1988; 

ARRC Objection March 17, 1988; 

Authority G.S. 159G-10: 159G-15; 

Eff. August 1, 1988: 

Amended Eff. July 1, 1992; 

Temporar,' Amendment Eff. October 23. 1997. 

.0402 CRITERIA FOR WATER CONSERVATION 
AND COMPREHENSIVE LAND USE 
PLANNING 

(a) Applicant may receive a maximum of 15 bonus points for 
meeting the following criteria as applicable: 

(1) Applicant demonstrates it has a continuing 
I/I program in its wastewater sewer 
maintenance program. (Wastewater 
Projects Only) 5 points 

(2) Applicant demonstrates it has a continuing 
water loss program in its water supply 
system program. (Water Supply Projects 

Only) 5 points 

(3) Applicant has a continuing program of 
water conservation education and 
information. 5 points 

(4) Applicant demonstrates it has established 
a water conservation incentive rate 
structure; created incentives for new or 
replacement installation of low flow 
faucets, shower heads, and toilets; or has 

a water reclamation or reuse system. 5 points 

(b) Applicant may also receive a maximum of 10 bonus 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



833 



TEMPORARY RULES 



points for meeting the following criteria: 

(1) Applicant demonstrates that it has adopted 
a comprehensive land-use plan that meets 
the requirements of G.S. 155H. Article 18 
or G.S. 160A. Anicle 19. or applicant is 
a local government unit that is not 
authorized to adopt a comprehensive land- 
use plan but that is located in whole or in 
part in another local government unit that 
has adopted a comprehensive land-use 
plan, and that the proposed project is 
consistent with the plan. 2 points 

(2) Applicant demonstrates that the 
comprehensive land-use plan exceeds the 
minimum state standards for the protection 

of water resources. 2 points 

£3} Applicant demonstrates that actions have 
been taken toward implementation of the 
comprehensive land-use plan. These 
actions may include the adoption of a 
zoning ordinance or any other measure that 
significantly contributes to the 
implementation of the comprehensive land- 
use plan. 6 points 

History Note: Filed as a Temporary Amendment Eff. March 

8, 1994 for a period of 180 days or until the permanent rule 

becomes effective, whichever is sooner: 

Filed as a Temporary Rule Eff. February 2, 1988 for a Period 

of 180 Days lo Expire on August 1, 1988; 

ARRC Objection March 17, 1988; 

Authority G.S. 159G-10: 159G-15; 

Eff. August 1. 1988; 

Temporary Amendment Eff. October 23, 1997. 



TITLE 16 - DEPARTMENT OF 
PUBLIC EDUCATION 

Rule-making Agency: State Board of Education 

Rule Citation: 16 NCAC 6C.0502 

Effective Date: October 10, 1997 

Findings Reviewed and Approved by: Julian Mann 

Authority for the rule-making: G.S. 115C-325(J)(2), (j3)(2); 
N. C. Const. Art. IX, s. 5 

Reason for Proposed Action: N.C.G.S. §§ 115C-325(j)(2) 
and 115C-325(j3)(2) direct the State Board to adopt rules to 
govern hearings that relate to the demotion or dismissal of 
career employees or to the long term disciplinary suspension 
without pay of career employees. Tliese hearings arul the 
procedures for them apply to requests for hearings initiated 
after September 1, 1997. 



Comment Procedures: Cominents may be submitted in writing 
within 60 days after the publication date in the North Carolina 
Register. Copies of the temporary rule may be obtained by 
contacting Harry E. Wilson, Room 2086, Education Building, 
301 N. Wilmington St., Raleigh, NC 27601-2825. Written 
comments may also be submitted to Mr. Wilson by mail or by 
FAX at (919)715-1307 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDUCATION 

SL^BCHAPTER 6C - PERSONNEL 

SECTION .0500 - PERFORMANCE 
APPRAISAL SYSTEM 

.0502 HEARINGS UNDER G.S. 115C-325(j) 

ANT)(j3) 

ts) — Th e P r of e ssional R e vi e w Coimnission is tha t body 
established — unde r — 6-:^ 



115C-325( g ) 



-ttr 



r eview — a 

r ecommendation that a career teache r be dismissed or demoted. 

(b) As soon as pr acticabl e aft er a p anel of the pr ofessional 
review commission has been d e signated, the De p artment shall 
assign staff to meet with the panel to: 

ti^ r eview G.S. 115C-325 : 

(2^ inform tlie p anel m e mbe r s o f thei r res po nsibili t ies; 

t3j set a date, tim e and place for the hearing: and 

t+) notify t he p arties of the date, time and plac e o f th e 

hearing and of their righ t s as s e t f or th in G.S. 

115C-325(j). 

(c) H e arings conducted by a LCA unde r G.S. 1 15C-325(k) 
o r (1) are governed by 115C-325( i ) and the following: 

t4i The p anics have the r ight t o c r oss-examine all 



m- 



pani 

o pp osing witnesses. 
The p arti e s have the r ight to have sub p oenas and 



sub p oenas duces tecum issued in blank t o comp e l th e 
attendance of witn e ss e s and the pr oduction of 
docum e n t s. 

t3) Th e LEA has the po we r: 

(A) to have counsel t o develo p the case; 

fB^ t o take tes t imony: 

(^ to examine witnesses; 

f&) to punish for contem p t fo r any disorde r ly 

conduct o r disturbance tending t o disru p t the 
h e aring: and 

fEI to di r ect a continuance of the case. 

(4j The LEA shall make a com p lete reco r d of the 

evidenc e r eceived during the hearing. 
In hearings conducted by a case manager under G.S. 115C- 
325(i) and by a local board of education under G.S. 115C- 
325(i3). the superintendent shall: 

(1) provide the facility in which the hearing is to be 
conducted: and 

(2) employ a certified court reporter to record and if 
requested to transcribe the proceedings. 

History Note: Authority G. S. 115C-325 (j) (2); 



834 



SORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



TEMPORARY RULES 



£3} 



Eff. July 1. 1986: £21 

Temporary Amendment Eff. October ML 199Z. 



TITLE 25 - OFFICE OF STATE PERSONNEL 

Rule-making Agency: State Personnel Commission 

Rule Citation: 25 NCAC ID .2517 

Effective Date: October 2, 1997 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 126-4; S.L. 1997-443 

Reason for Proposed Action: The actions are proposed in 
order to pro\ide clarification to state agencies in administering 
the legislative salary increases enacted by the General Assembly 
in SB 352-S.L. 1997-443. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted to Delores J. Stanley, 
Office of State Personnel, 116 West Jones Street, Raleigh. NC 
27603. 

CHAPTER 1 - OFnCE OF STATE PERSONNEL 

SUBCHAPTER ID - COMPENSATION 

SECTION .2500 - COMPREHENSIVE 
COMPENSATION SYSTEM 



.2517 ELIGIBILITY FOR JULY 1, 1997 

LEGISLATIVE SALARY INCREASES 

For purposes of administering the legislative salary increase 
provisions, effective July 1. 1997. 25 NCAC ID .2501-. 2508 
and .25 13-. 25 15 shall apply to the extent there is not a conflict 
with the following procedures. If there is a conflict, the 
following procedures shall apply: 

(1) A career growth recognition award shall be granted 

as follows: ^ 

(a) Employees whose salaries are at the maximum 
shall receive a 2j^ one-time career growth 
bonus. 

(b) Employees whose salaries are less than 2% 
from the maximum shall receive a partial 
increase added to base pay in an amount that 
it takes to get to the maximum. These 
employees shall also receive a one-time career 
growth bonus in an amount that would equal 
2% of the base pay minus the amount of the 
career growth award given. 

(c) Employees whose salaries are above the 
maximum shall receive a 23. one-time career 
growth bonus based on tlie maximum of the 
salary range in effect on June 30. 1997. 



£bi 



i£l 



The following employees shall receive the cost-of- 
living increase in accordance with Rule .2507(b)(1)- 
(5) of this Section: 

(a) Employees with a probationary appointment. 
Employees who have not completed a work 
cycle, and 

Employees who do not have a performance 

rating because they were hired after the last 

performance management cycle was 

completed. 

After receiving a permanent appointment, employees 

described in Sub-item (2)(b) and (2)(c) of this Rule 

shall also be eligible to receive a career growth 

recognition award as provided below. Each agency 

shall assure that all employees are 

reviewed/evaluated by the same method. 

(a) Each employee shall be given an interim 

review at tlie mid-point of tlie employee's 

Performance Management Cycle. If their total 

time of employment is at least equivalent to 

the agency's minimum Performance 

Management Cycle requirement, the employee 

shall be granted a career growth recognition 

award at that point, if their performance is 

deemed to be at level 3 or above: or. it shall 

be granted at the time the employee completes 

the total time of employment requirement: or 

Each employee shall be evaluated and given a 

summary rating after completing time in the 

new cycle that is at least equivalent to the 

agency's minimum Performance Management 

Cycle requirement. If the overall summary 

rating is at level 3 or above, the employee 

shall be granted a career growth recognition 

award, in an^: event, all these employees. 

employed prior to July L. 1997. shall be 



M 



evaluated for the career growth recognition 

award durin g this fiscal year, and shall receive 

the career growth recognition award if their 

rating is at level 3 or above and they are not in 

fmal disciplinary procedure. 

Employees with trainee appointments are eligible for 

the cost-of-livin g adjustment if they are not in final 

disciplinary procedure. Employees with trainee 

appointments may be eligible for career growth 

recognition awards under the following 

circumstances: 

(a) Employees who are scheduled for trainee 
adjustments are not eligible for the career 
growth recognition award. They become 
eligible if they are qualified and are rated for 
placement into the regular class during this 
fiscal year, provided their total time of 
employment is at least equivalent to the 
agency's minimum Performance Management 
Cycle requirement. If this requirement has 
not been met, the increase shall be delayed 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



835 



TEMPORARY RULES 



until it has been met. 

(b) Employees with trainee appointments who are 
not scheduled for trainee salary adjustments 
during this fiscal year shall be eligible for the 
career growth award the same as employees 
who are in regular classes. The a gency will 
determine when it is appropriate to grant the 
career growth award, assuring that no internal 
inequities will be created. 

(c] In any event, all employees shall be evaluated 
for the career growth recognition award 
during this fiscal year, unless they are in a 
trainee class that extends beyond this date. 

History Note: Authority G.S. 126-4; S.L. 1997-443; 
Temporary Adoption Eff. October 2. 1997. 



i 



{ 



i 



836 NORTH CAROLINA REGISTER November 3, 1997 12:9 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. November 20. 1997. 
10:00 a.m.. at 1 307 Glenwood Ave., Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule 
before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by 
Monday. November 17. 1997. at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review 
Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at 
least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 

Appointed by Senate Appointed by House 

Philip O. Redwine - Chairman Paul Powell - Vice Chairman 
Jim Funderburke Mark Garside 

Vemice B. Howard Steve Rader 

Teresa L. Smallwood George Robinson 

David Twiddy Anita White 

RULES REVIEW COMMISSION MEETING DATES 

November 20, 1997 January 15, 1998 

December 18, 1997 February 19,1998 



The NC Rules Review Commission is considering adopting the following rule: 

RULE #10 
FILING RECEIPTS 

(a) When an agency files a permanent rule for which there is a temporary rule it shall obtain a dated and signed receipt from 
the RRC. 

(b) When an agency files any other permanent rule, it may obtain a dated and signed receipt from the RRC. 

(c) If the agency fails to obtain a receipt, the date of filing shall be considered the next 20th day of the month. 

Written comment may be submitted to: 

Joseph J. DeLuca, Jr., Staff Director 
NC Rules Review Commission 
1307 Glenwood Ave. #159 
Raleigh, NC 27605 

The deadline for submitting such comment is Monday, December 15, 1997. 

A public hearing on the above rule is tentatively scheduled at the conclusion of the November 20, 1997 Rules Review Commission 
meeting, convening at 10:00 a.m. 

Agency staff comment: 

According to N.C.G.S. 150B-21 . 1(d)(5) a temporary rule expires 270 days after it was published in the North Carolina Register 
(NCR) imless the proposed permanent rule has been filed with the RRC. Recently some temporary rules have expired for failure 
to file the permanent rule on time. (Note that expiration of the temporary rule does not extinguish the permanent rulemaking. An 
agency may continue with its permanent rulemaking even though its temporary rule may have expired.) We have not normally 
noted the filing date with us of any rules; we simply accumulate them until the 20th of the month and then prepare the log for the 
following month. 

Staff has proposed that the commission adopt a rule requiring agencies to obtain a filing receipt when filing a permanent rule 
replacing a temporary rule and permitting them to obtain a receipt for any other rule filing. Please note that there has never been 
an issue of whether or not a rule was filed with us or when precisely it was filed. We would like to keep it that way. To that end 



12:9 NORTH CAROLINA REGISTER November 3, 1997 837 



RULES REVIEW COMMISSION 



we have proposed the above rule. 



MEETING DATE: NOVEMBER 20, 1997 

LOG OF FILINGS 

RULES SUBMITTED: SEPTEMBER 20, 1997 THROUGH OCTOBER 20, 1997 



AGENCY/DIVISION 



RULE NAME 



COMMERCE/DIVISION OF COMMUNITY ASSISTANCE 

General 

Size and Use of Grants 

Grant Category Allocation 

General Application Requirements 

Description 

Eligibility Requirements 

Selection Criteria 

Definition 

Eligibility Requirements 

Selection Criteria 

Eligibility Requirements 

Grant Agreement 

Financial Management Systems 

Program Income 

Recordkeeping 

Citizen Participation 

Environmental Review 

Housing Rehabilitation 

Lead-Based Paint 

Description 

Eligibility Requirements 

Election Criteria 

Description 

Eligibility Requirements 

Selection Criteria 

General 

Eligible Activities 

Eligibility Requirements 

Size of Loan Approvals 

Selection Criteria 

DHHS/DIVISION OF FACILITY SERVICES 

Applicability of Rules 
Applicability of Rules 
Certificate of Need 
Cenificate of Need 
Multi-County Groupings 
Reallocations and Adjustments 
Dialysis Station 
Acute Care Bed Need 
Rehabilitation Bed Need 
Ambulatory Surgical Facilities Need 
Open Heart Surgery Services 
Heart-Lung Bypass Machines 



RULE 




ACTION 


4 NCAC 19L 


.0401 


Amend 


4 NCAC 19L 


.0403 


Amend 


4 NCAC 19L 


.0404 


Amend 


4 NCAC 19L 


.0407 


Amend 


4 NCAC 19L 


.0501 


Amend 


4 NCAC 19L 


.0502 


Amend 


4 NCAC 19L 


.0505 


Amend 


4 NCAC 19L 


.0706 


Amend 


4 NCAC 19L 


.0707 


Amend 


4 NCAC 19L 


.0708 


Amend 


4 NCAC 19L 


.0802 


Amend 


4 NCAC 19L 


.0901 


Amend 


4 NCAC 19L 


.0906 


Amend 


4 NCAC 19L 


.0907 


Amend 


4 NCAC 19L 


.0911 


Amend 


4 NCAC 19L 


.1002 


Amend 


4 NCAC i9L 


.1004 


Amend 


4 NCAC 19L 


.1009 


Amend 


4 NCAC 19L 


.1011 


Amend 


4 NCAC 19L 


.1301 


Amend 


4 NCAC 19L 


.1302 


Amend 


4 NCAC 19L 


.1303 


Amend 


4 NCAC 19L 


.1701 


Amend 


4 NCAC 19L 


.1702 


Amend 


4 NCAC 19L 


.1703 


Amend 


4 NCAC 19L 


.1801 


Adopt 


4 NCAC 19L 


.1802 


Adopt 


4 NCAC 19L 


.1803 


Adopt 


4 NCAC 19L 


.1804 


Adopt 


4 NCAC 19L 


.1805 


Adopt 


10 NCAC 3R 


.3002 


Adopt 


10 NCAC 3R 


.3051 


Adopt 


10 NCAC 3R 


.3052 


Adopt 


10 NCAC 3R 


.3053 


Adopt 


10 NCAC 3R 


.3054 


Adopt 


10 NCAC 3R 


.3055 


Adopt 


10 NCAC 3R 


.3056 


Adopt 


10 NCAC 3R 


.3057 


Adopt 


10 NCAC 3R 


.3058 


Adopt 


10 NCAC 3R 


.3059 


Adopt 


10 NCAC 3R 


.3060 


Adopt 


10 NCAC 3R 


.3061 


Adopt 



838 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



RULES REVIEW COMMISSION 



I 





Heart-Lung Bypass Machines 


10 NCAC 3R .3062 


Adopt 




Cardiac Catheterization 


10 NCAC 3R .3063 


Adopt 




Cardiac Catheterization 


10 NCAC 3R .3064 


Adopt 




Cardiac Angioplasty Equipment 


10 NCAC 3R .3065 


Adopt 




Cardiac Angioplasty Equipment 


10 NCAC 3R .3066 


Adopt 


- 


Bum Intensive Care Services 


10 NCAC 3R .3067 


Adopt 




Positron Emission Tomography 


10 NCAC 3R .3068 


Adopt 




Bone Marrow Transplantation 


10 NCAC 3R .3069 


Adopt 




Solid Organ Transplantation 


10 NCAC 3R .3070 


Adopt 




Ganmia Knife Need 


10 NCAC 3R .3071 


Adopt 




Nursing Care Bed Need 


10 NCAC 3R .3072 


Adopt 




Demonstration Project 


10 NCAC 3R .3073 


Adopt 




Home Health Agency Office Need 


10 NCAC 3R .3074 


Adopt 




Hospice Need Determination 


10 NCAC 3R .3075 


Adopt 




Hospice Inpatient Facility Bed 


10 NCAC 3R .3076 


Adopt 




Psychiatric Bed Need 


10 NCAC 3R .3077 


Adopt 




Chemical Dependency Treatment 


10 NCAC 3R .3078 


Adopt 




Intermediate Care Beds 


10 NCAC 3R .3079 


Adopt 




Policies for General Acute Care 


10 NCAC 3R .3080 


Adopt 




Policies for Inpatient Rehab Services 


10 NCAC 3R .3081 


Adopt 




Policies for Ambulatory Surgical 


10 NCAC 3R .3082 


Adopt 




Policies for Nursing Care 


10 NCAC 3R .3083 


Adopt 




Policies for Home Health Services 


10 NCAC 3R .3084 


Adopt 




Policies for End-Stage Renal Disease 


10 NCAC 3R .3085 


Adopt 




Policies for Psychiatric Inpatient 


10 NCAC 3R .3086 


Adopt 




Policies for Chemical Dependency 


10 NCAC 3R .3087 


Adopt 




Policies for Intermediate Care 


10 NCAC 3R .3088 


Adopt 


LABOR/OSHA 










Copies Available 


13 NCAC 7 A .0302 


Amend 




Variances 


13 NCAC 7 A .0708 


Amend 




General Industry 


13 NCAC 7F. 0101 


Amend 




Life Safety Code 


13 NCAC 7F .0102 


Amend 




Construction 


13 NCAC 7F .0201 


Amend 




Agriculture 


13 NCAC 7F .0301 


Amend 




Source of Standards 


13 NCAC 7F .0426 


Amend 




Shipyard Employment 


13 NCAC 7F .0501 


Amend 




Marine Terminals 


13 NCAC 7F .0502 


Amend 


DENR/COASTAL RESOURCES COMMISSION 








Public Water Supply 


15A NCAC 7H .0406 


Amend 




General Conditions 


15ANCAC7H .1104 


Amend 




General Conditions 


15ANCAC7H .1204 


Amend 




General Conditions 


15ANCAC7H .1304 


Amend 




General Conditions 


15ANCAC7H .1404 


Amend 




General Conditions 


15A NCAC7H .1504 


Amend 




General Conditions 


15ANCAC7H .1704 


Amend 




General Conditions 


15A NCAC7H .1804 


Amend 




General Conditions 


15 A NCAC7H .1904 


Amend 




General Conditions 


15A NCAC 7H .2004 


Amend 




General Conditions 


15ANCAC7H .2104 


Amend 




Declaration of General Policy 


15A NCAC 7M .0301 


Amend 




Purpose and Definition 


15ANCAC7M .0302 


Amend 




Guidance for Public Access 


15A NCAC 7M .0303 


Amend 




Local Participation 


15A NCAC 7M .0304 


Repeal 




Mandatory Public Notice 


15A NCAC 7M .0305 


Repeal 




Local Government 


15A NCAC 7M .0306 


Adopt 



12:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



839 



RULES REVIEW COMMISSION 



Eligible Applicants 


15A NCAC 7M ,0307 


Adopt 


Public Involvement 


15A NCAC 7M .0308 


Adopt 


Compliance 


15A NCAC 7M .0309 


Amend 


OF REVENUE 






Mail-Order Business 


17 NCAC 4B .0109 


Repeal 


Pan-Time 


17 NCAC 4B .0203 


Repeal 


Drag Strips 


17 NCAC 4B .0308 


Amend 


Go-Cart Races 


17 NCAC 4B .0309 


Amend 


Suspension of Professional Licenses 


17 NCAC 4B .0615 


Amend 


Electricity Bills 


17 NCAC 4B .0901 


Repeal 


Mail Collection 


17 NCAC 4B .0902 


Repeal 


Ices 


17 NCAC 4B .1302 


Repeal 


Other Applicable Licenses Due 


17 NCAC4B .1305 


Repeal 


Peddling by Foot 


17 NCAC4B .1306 


Repeal 


Project License Not Prorated 


17 NCAC 4B .1401 


Repeal 


Date Due 


17 NCAC 4B .1402 


Repeal 


Ceded Areas 


17 NCAC 4B. 1403 


Repeal 


Building on Land Owned by Builder 


17NCAC4B.1404 


Repeal 


Air Conditioning 


17 NCAC 4B .1405 


Repeal 


Painting Contractor 


17 NCAC4B .1406 


Repeal 


Elevators & Automatic Sprinklers 


17 NCAC4B .1407 


Repeal 


Number Licensed by Board 


17 NCAC 4B. 1601 


Repeal 


Governmental Facilities 


17NCAC4B.I602 


Repeal 


Restaurant License Liability 


17 NCAC 4B. 1703 


Repeal 


YMCA or YWCA 


17 NCAC4B .1704 


Repeal 


Summer Camp 


17 NCAC 4B .1705 


Repeal 


Church Assembly 


17 NCAC 4B .1706 


Repeal 


Hotels Charging Admission 


17 NCAC 4B .1709 


Repeal 


Cafeterias for Employees 


17 NCAC 4B .1803 


Repeal 


Hospitals 


17 NCAC 4B .1804 


Repeal 


Clubs; Commercial Operation 


17 NCAC4B .1805 


Repeal 


Clubs; Noncommercial Operation 


17 NCAC4B .1806 


Repeal 


Prepared Food 


17NCAC4B.1807 


Repeal 


Chain Store License 


17 NCAC 4B. 1808 


Repeal 


Outside Seating 


17 NCAC4B .1809 


Repeal 


Catering Service 


17 NCAC4B .1810 


Repeal 


Coin-Operated Radio 


17 NCAC 4B .2002 


Repeal 


Empty Cup 


17 NCAC4B .2113 


Repeal 


Coffee and Hot Chocolate 


17 NCAC4B .2114 


Repeal 


Photostat & Photograph Machines 


17 NCAC 4B .21 16 


Repeal 


Dual Purpose Vending Machine 


17 NCAC 4B .2117 


Repeal 


Electronic Video Games 


17 NCAC 4B .2209 


Repeal 


Halving or Quartering Only 


17 NCAC 4B .2302 


Repeal 


Cold Storage Room 


17 NCAC 4B .2303 


Repeal 


Rugs Only 


17 NCAC4B .2401 


Repeal 


Cleaning Furniture in the Home 


17 NCAC 4B .2402 


Repeal 


Educational Institutions 


17 NCAC 4B .3001 


Repeal 


Rugs Only 


17 NCAC 4B .3002 


Repeal 


Industrial Rags and Wipers 


17 NCAC 4B .3004 


Repeal 


Diaper Services 


17 NCAC 4B .3006 


Repeal 


Advertising by Candidate 


17 NCAC 4B .3101 


Repeal 


Supplemental Application 


17 NCAC4B .3102 


Repeal 


Applicability of License to Another 


17 NCAC4B .3401 


Repeal 


Parking Facilities 


17 NCAC 4B ,3402 


Repeal 


Auto Dealer License 


17 NCAC 4B .3403 


Repeal 


Recapping Tires Only 


17 NCAC 4B .3404 


Repeal 



i 



i 



i 



840 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



KVL,ii:^ KJLVit.vv L.uiyiMi^:iiui\ 



No Transfer Fee 


17 NCAC 4B 


.3406 


Repeal 


Finance Companies 


17NCAC4B 


.3407 


Repeal 


Self-Service Car Wash 


17 NCAC 4B 


.3408 


Repeal 


Grocery Store Sales 


17 NCAC 4B 


.3409 


Repeal 


Automobile Auction 


17 NCAC 4B 


.3410 


Repeal 


Car Brokers 


17 NCAC 4B 


.3411 


Repeal 


Mobile Service & Repair 


17 NCAC 4B 


.3412 


Repeal 


Applying Full Year 


17 NCAC 4B 


.3413 


Repeal 


Garage Selling to Another Garage 


17 NCAC 4B 


.3414 


Repeal 


Motors Installed to Frames 


17 NCAC 4B 


.3501 


Repeal 


Chain Store License 


17 NCAC 4B 


.3502 


Repeal 


Liability for Two Licenses 


17 NCAC 4B 


.3601 


Repeal 


Agencies Providing Temporary Workers 


17 NCAC 4B 


.3602 


Repeal 


One License 


17 NCAC4B 


.3702 


Repeal 


Structure Supporting Electrical Fixtures 


17 NCAC 4B 


.3704 


Repeal 


Ice Cream Defined 


17 NCAC 4B 


.3902 


Repeal 


ABC Stores 


17 NCAC 4B 


.4001 


Repeal 


Beach Stand or Store 


17 NCAC4B 


.4003 


Repeal 


Coal Dealer 


17 NCAC 4B 


.4004 


Repeal 


Exemption 


17 NCAC 4B 


.4005 


Repeal 


Leased Departments 


17 NCAC 4B 


.4007 


Repeal 


Meat Packing House 


17 NCAC 4B 


.4008 


Repeal 


Partnership & Corporation 


17 NCAC4B 


.4009 


Repeal 


Redemption Stores 


17 NCAC 4B 


.4010 


Repeal 


Restaurants 


17 NCAC 4B 


.4011 


Repeal 


Undertaking 


17 NCAC 4B 


.4012 


Repeal 


Warehouse 


17 NCAC 4B 


.4013 


Repeal 


Wholesale & Retail 


17 NCAC4B 


.4014 


Repeal 


Supplemental Form 


17 NCAC4B 


.4101 


Repeal 


Acting as Distributor 


17 NCAC 4B 


.4102 


Repeal 


Application for Privilege License 


17 NCAC 4B 


.4301 


Amend 


Small Two-Wheel Vehicle 


17 NCAC 4B 


.4501 


Repeal 


Bottler Selling Drink Dispensers 


17 NCAC 4B 


.4502 


Repeal 


Not Specifically Mentioned 


17 NCAC4B 


.4503 


Repeal 


Government Campgrounds 


17 NCAC4B 


.4504 


Repeal 


College Union 


17 NCAC 4B 


.4505 


Repeal 


Prison Camps 


17 NCAC 4B 


.4506 


Repeal 


Veterans Clubs 


17 NCAC4B 


.4507 


Repeal 


Commissary 


17 NCAC4B 


.4508 


Repeal 


Municipality 


17 NCAC 4B 


.4509 


Repeal 


Federal Government 


17 NCAC 4B 


.4510 


Repeal 


State Government 


17 NCAC 4B 


.4511 


Repeal 


Credit Unions 


17 NCAC 4B 


.4512 


Repeal 


School Lunchroom 


17 NCAC4B 


.4513 


Repeal 


Governmental Activity 


17 NCAC 4B 


.4514 


Repeal 


Nonprofit Private Clubs 


17 NCAC 4B 


.4515 


Repeal 


Shuffleboard, etc. 


17 NCAC 4B 


.4516 


Repeal 


Ski Slopes 


17 NCAC 4B 


.4517 


Repeal 


Several Operators at One Location 


17 NCAC 4B 


.4518 


Repeal 


Free Record 


17 NCAC4B 


.4519 


Repeal 


Flashlight Batteries 


17 NCAC4B 


.4520 


Repeal 


Shortwave Radios 


17 NCAC4B 


.4521 


Repeal 


Form to be Used for Filing 


17 NCAC 5B 


.0403 


Repeal 


Form to be Used for Filing 


17 NCAC 5B 


.0503 


Repeal 


Taxable Percentages 


17 NCAC5B 


,1801 


Repeal 


No Return Filed 


17 NCAC 5B 


,1802 


Repeal 


Two Returns Filed 


17 NCAC 5B 


,1803 


Repeal 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



841 



RULES REVIEW COMMISSION 



Change in Name 


17 NCAC 5B 


.1804 


Repeal 


Amended and Adjusted Returns 


17 NCAC5B 


.1805 


Repeal 


Mergers 


17 NCAC 5B 


.1806 


Repeal 


Property Transfers 


17 NCAC 73 


.0117 


Amend 


Commercial Fishermen 


17 NCAC 7B 


.0123 


Amend 


Electric Power Companies 


17 NCAC 7B 


.0404 


Amend 


Certain Sales to Animal Fanners 


17 NCAC 7B 


.1123 


Amend 


Sales to State 


17 NCAC 7B 


.1703 


Amend 


Electricity 


17 NCAC 7B 


.2101 


Amend 


Feed: Remedies: Vaccines 


17 NCAC 7B 


.4003 


Amend 


Feed for Riding Stables 


17 NCAC 7B 


.4009 


Amend 



NC AUCTIONEERS COMMISSION 

Filing and Fees 



21 NCAC 48 .0202 



Amend 



NC STATE BOARD OF EXAMINERS FOR SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS 



Adequacy of Records 

Definitions 

General Requirements 

License Requirements 

Authorized Tasks 

Supervision 



21 NCAC 64 .0209 
21 NCAC 64 .1001 
21 NCAC 64 .1002 
21 NCAC 64 .1003 
21 NCAC 64 .1004 
21 NCAC 64 .1005 



Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 



RULES REVIEW OBJECTIONS 



COMMERCE 

Credit Union Division 

4 NCAC 6C . 0407 - Business Loans 
Agency Revised Rule 

DENTAL EXAMINERS 

21 NCAC 161 .0001 - Applications 

Agency Revised Rule 
21 NCAC 16M .0003 - Primary Source Verification Fee 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Resources Commission 

15A NCAC 7H .0208 - Use Standards 

Agency Revised Rule 
15A NCAC 7H .1204 - General Conditions 

Agency Revised Rule 

Health Services 

15A NCAC 18A .1938 - Responsibilities 

15A NCAC 18A .1958 - Non-Ground Absorption Sewage Treatment Systems 

Soil and Water Conservation 

15A NCAC 6E .0104 - Best Management Practices Eligible for Cost Share Payments 
15A NCAC 6E .0105 - Cost Share and Incentive Payments 

Water Pollution Controls Systems 

15A NCAC 8F .0201 - Duties and Requirements of Owners 
No Response from Agency 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



08/21/97 
09/18/97 



09/18/97 
10/16/97 
09/18/97 
10/16/97 



RRC Objection 


08/21/97 


Obj. Removed 


09/18/97 


RRC Objection 


08/21/97 


Obj. Removed 


09/18/97 


RRC Objection 


10/16/97 


RRC Objection 


10/16/97 


RRC Objection 


10/16/97 


RRC Objection 


10/16/97 


RRC Objection 


09/18/97 


Obj. Cont'd 


10/16/97 



842 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



RULES REVIEW COMMISSION 



15A NCAC 8F .0203 - Duties and Requirements of an Operator in Charge 
No Response from Agency 

HUMAN RESOURCES 



RRC Objection 
Obj. Cont'd 



09/18/97 
10/16/97 



Facility Services 

10 NCAC 3D . 2001 - Definitions RRC Objection 

10 NCAC 3D .2101 - Level I Trauma Center Criteria RRC Objection 

10 NCAC 3D .2102 - Level 11 Trauma Center Criteria RRC Objection 

10 NCAC 3D . 2105 - Initial Designation Process RRC Objection 

10 NCAC 3D .2106 - Renewal Designation Process RRC Objection 
10 NCAC 3D .2201 -Denial, Probation, Vol. Withdrawal/Rev/Trauma Ctr Designation RRC Objection 

10 NCAC 3D .2303 - Regional Trauma System Policy Development RRC Objection 



10/16/97 
10/16/97 
10/16/97 
10/16/97 
10/16/97 
10/16/97 
10/16/97 



Medical Assistance 

10 NCAC 26B .0113 - NC Medicaid Criteria/ Cont 'd Acute Stay /Inpatient Psych. Facility 
Rule Withdrawn by Agency 



09/18/97 



Social Services Commission 

10 NCAC 42 J .0005 - Funding for Medical Services 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



08/21/97 
09/18/97 



PUBLIC EMSTRUCTION 

16 NCAC 6C .0307 - Certificate Renewal 

16 NCAC 6D .0103 - Graduation Requirements 

16 NCAC 6D .0301 - Testing Requirements and Opportunities 

16 NCAC 6G .0305 - End-of -Course Tests 

16 NCAC 60 .0306 - Testing Code of Ethics 

16 NCAC 6G .0307 - Assistance Teams 

16 NCAC 6G .0308 - Due Process Protections 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



10/16/97 
10/16/97 
10/16/97 
10/16/97 
10/16/97 
10/16/97 
10/16/97 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



843 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office 
of Administrative Hearings, (919) 733-2698. 



i 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becion 
Sammie Chess Jr. 
Beecher R. Gray 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Dolores O. Smith 



AGENCY 

ADNHNISTRATION 

E. Edward Gambill v. Department of Administration 

ALCOHOLIC BEVERAGE CONTROL CONBVDSSION 

Michael's Mini Mart v. AJcoholic Beverage Control Commission 
Everette Craig Hornbuckle v. Alcoholic Beverage Control Commission 
Saleh Ahmed Ali Futhah v. Alcoholic Beverage Control Commission 
Carolyn T Ray v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Fast Fare. Inc. 
Alcoholic Beverage Control Commission v. Mendoza Enterprises, Inc- 
Paul Tyler rv Enterprises, Inc.. Alpha Vinson T/A Mirrors (Sid's 

Showgirls) V. Alcoholic Beverage Control Commission 
and 

City of Goldsboro 
and 

Gurnan Khera 
Nasar Sader v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Paradise Landing. Inc. 
OFFISS. Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Altaf Hussain 
Alcoholic Beverage Control Commission v. Robert Johnson 
Alcoholic Beverage Control Commission v. Masonboro County Store. Inc. 
Daniel Gary Ledbetter v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Percy Daniel Bowen 
Alcoholic Beverage Control Commission v. Bridgette Dee Williams 
Alcoholic Beverage Control Commission v. Westside Tavern. Inc. 
Alcoholic Beverage Control Commission v. Grove Park Inn Resort, Inc. 
Alcoholic Beverage Control Commission v, Kimberly Loette Hankins 

CORRECTION 

David M. Boone v. Correction. Div. of Prison Admin. Remedy Procedure 

CRIME CONTROL AND PUBLIC SAFETY 

Delia Sherrod v. Crime Victims Compensation Commission 
Mary A. Kearney v. CPS. Victims Compensation Commission 
Beverly McLaughlin v. Crime Victims Compensation Commission 
Malcolm W. Fields v. Crime Victims Compensation Commission 
Rodney P. Hodge v. Crime Victims Compensation Commission 
Billy Steen v Crime Victims Compensation Commission 
Clifford R, Pulley v. Crime Victims Compensation Commission 
Curtis Jermaine Newkirk v. Crime Victims Compensation Commission 
Gregory Bynum v. Crime Victims Compensation Commission 



CASE 




DATE OF 


PUBLISHED DECISION 


NLIMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 DOA 0364 


Reilly 


09/10/97 




92 ABC 1601 


Gray 


08/18/97 




93 .ABC 0987 


Gray 


08/18/97 




94 ABC 0264 


Gray 


08/18/97 




95 ABC 0429 


Gray 


09/23/97 




96 ABC 0483 


Morrison 


06/18/97 




96 ABC 1196 


Gray 


08/26/97 




96 ABC 1804 


Morrison 


09/29/97 





i 



97 ABC 0030 


Phipps 


10/08/97 




97 ABC 0031 


Gray 


06/13/97 




97 ABC 01 18 


Gray 


09/17/97 • 




97 ABC 0312 


Mann 


07/29/97 




97 ABC 0321 


Gray 


08/25/97 




97 ABC 0432 


Reilly 


09/09/97 




97 ABC 0443 


Gray 


07/08/97 




97 ABC 0495 


Morrison 


09/24/97 




97 ABC 0576 


Phipps 


09/04/97 




97 ABC 0586 


Phipps 


09/17/97 




97 ABC 0706 


Morrison 


09/15/97 


2:07 NCR 609 


97 ABC 0897 


Gray 


10/06/97 




97 DOC 0534 


Morrison 


06/16/97 




96 CPS 0300 


Chess 


07/18/97 




96 CPS 2033 


Becton 


09/26/97 




97 CPS 0170 


Phipps 


08/29/97 




97 CPS 0360 


Chess 


09/12/97 




97 CPS 0449 


Reilly 


07/01/97 




97 CPS 0472 


Morrison 


07/23/97 




97 CPS 0523 


Grav 


08/06/97 




97 CPS 0645 


Morrison 


10/03/97 




97 CPS 0901 


Reilly 


10/16/97 





i 



844 



NORTH CAROUNA REGISTER 



November 3, 1997 



12:9 



CONTESTED CASE DECISIONS 



AGENCY 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Herbert C, Avery v. Environmenl. Health, and Natural Resources 

Linda Collie v. Lenoir County Health Department 

Leroy Anderson v. County of Moore Department of Health 

EH, Garner v. New Hanover Health Deparunent 

Peter D- McDowell, Sr. v. New Hanover Health Department 

Riggings Homeowners Assoc. Inc- v. Environment, Health. & Natural Res. 

John Ronald Taylor v. Environment. Health, & Natural Resources 

Rick Parker v. Pitt County Health Depi./Mr. Ernie Nichols 

James R. Melvin v. Environment and Natural Resources 

Lee A- Riggs v. Craven County Health Deparunent 

Robert E. Cahoon v. Carteret County Health Department 

John Martin v. Environment, Health, and Natural Resources 

John Martin v. Environment. Health, and Natural Resources 

Environmental Management 

Henry G. Dail. Dail Brothers v. EHNR, Environmental Management 

Maternal and Child Health 

Evan's Mini Mart v. EHNR. Maternal & Child Health. Nutrition Svcs Sec. 97 EHR 0599 

Solid Waste Management 

Loie J. Priddy v. Division of Solid Waste Management, EHNR 

Water Quality 

Castle Hayne Steering Committee v. EHNR. Division of Water Quality 

and 
New Hanover County Water and Sewer District 
RAYCO Utilities, Inc.. Briarwood WWTP v. EHNR, Div. of Water Quality 97 EHR 0018 



HUMAN RESOURCES 

John & Veronica Spearman v. Department of Human Resources 

New Beginnings Christian Academy v. Department of Human Resources 

Cindy G Geho v. Office of Administrative Hearings, R Marcus Lodge 

Helen Wyman v. Department ol Human Resources 

DeRothea G. Williams d/b/a Dee Williams & Company, a proprietorship v. 

Buncombe County Partnership for Children, Inc.. a NC Nonprofit Corp.; 

NC Department of Human Resources [Division of Child Development]; 

NC Department of Environment. Health, and Natural Resources [Division 

of Maternal and Child Health] 
Linda Rouse Sharp v. Department of Human Resources 
Ocelee Gibson v. Department of Human Resources 
Larry Patton v. Department of Human Resources 
Rita Haircloth v. Department of Human Resources 



Division of Child Development 

New Hanover Cty. Comm. Action v. DHR. Division of Child Development 97 DHR 0921 
Cindy G. Geho v. Human Resources, Division of Child Development 



Division of Facility Services 

Ava McKinney v DHR. Division of Facility Services 
Mercy Egbuleonu v. DHR. Facility Svcs, Health Care Personnel Reg. Sec. 
Mercy Egbuleonu v Human Resources. Division of Facility Services 
Kizzie Cooper v. DHR. Facility Svcs. Health Care Personnel Registry Sec. 
Maggie J- Barnhill v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Emma Faison v. DHR. Division of Facility Services 
Eugene Donald Caldwell v. DHR. Division of Facility Services 
Patricia Addison v. DHR. Facility Svcs. Health Care Personnel Reg. Sec. 
Selena Louise Holley v. DHR. Facility Svcs. Health Care Persl. Reg. Sec. 
Shirley Ebron v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Claudia K. Thomerson v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Janice Ann McClinton v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Michelle R. Griffin v DHR. Facility Svcs. Health Care Pers Reg. Sec. 
Deborah L McBurnie v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Kelly M. Poole v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Debbie Williams v. DHR, Fac. Svcs., Health Care Pers. Reg. Sec. 
Therese Victoria Wilson v. DHR. Fac Svcs. Health Care Pers. Reg. Sec. 
Notisha Utiey v. DHR. Fac. Svcs. Health Care Pers. Reg. Sec. 
Helen T Shokoti v Human Resources. Division of Facility Services 
Jeri L Anderson v. Human Resources. Division of Facility Services 
Susie A. Milsap v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Glenda Christine Taylor v. DHR. Facility Svcs, Health Care Pers. Reg. Sec 
Maple Heights Rest Home. Inc. v. DHR. Division of Facility Services 
Lisa Bullard v DHR. Facility Svcs. Health Care Pers. Reg. Sec. 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 EHR 0161 


Chess 


09/23/97 




96 EHR 0264 


Becton 


07/16/97 




96 EHR 1969 


Morrison 


07/15/97 


12:03 NCR 223 


96 EHR 1972 


Gray 


08/07/97 




96 EHR 2075 


Gray 


08/07/97 




97 EHR 0263 


ReiUy 


08/13/97 




97 EHR 0275 


Reilly 


06/09/97 




97 EHR 0470 


Phipps 


07/01/97 




97 EHR 0682 


Phipps 


09/23/97 




97 EHR 0851 


Becton 


10/02/97 




97 EHR 0878 


Becton 


09/30/97 




97 EHR 0993*=' 


Phipps 


10/13/97 




97 EHR 0994*-'' 


Phipps 


10/13/97 




96 EHR 2104 


Gray 


08/27/97 




97 EHR 0599 


Phipps 


07/14/97 




96 EHR 1838 


Morrison 


06/20/97 


12:02 NCR 103 


96 EHR 1731 


Mann 


06/30/97 




97 EHR 0018 


Chess 


09/12/97 




96 DHR 1543 


Chess 


09/12/97 




96 DHR 1925 


Reilly 


08/22/97 




97 DHR 0286 


Chess 


07/23/97 




97 DHR 0407 


Reilly 


08/08/97 




97 DHR 0424 


Morrison 


09/22/97 





97 DHR 0610 


Mann 


08/28/97 


97 DHR 0658 


Reilly 


07/22/97 


97 DHR 0829 


Phipps 


10/17/97 


97 DHR 0900 


Reilly 


08/15/97 


97 DHR 0921 


Phipps 


09/10/97 


97 DHR 0966 


Phipps 


08/29/97 


96 DHR 2061 


Chess 


07/08/97 


97 DHR 0172 


Becton 


07/16/97 


97 DHR 0450 


Gray 


09/02/97 


97 DHR 0459 


Phipps 


06/09/97 


97 DHR 0465 


Gray 


07/30/97 


97 DHR 0471 


Gray 


07/15/97 


97 DHR 0480 


Gray 


10/10/97 


97 DHR 0521 


Mann 


07/25/97 


97 DHR 0524 


Phipps 


08/28/97 


97 DHR 0528 


Gray 


10/02/97 


97 DHR 0551 


Chess 


07/15/97 


97 DHR 0558 


Creech 


10/17/97 


97 DHR 0559 


Gray 


07/30/97 


97 DHR 0608 


Chess 


09/02/97 


97 DHR 0629 


Chess 


09/02/97 


97 DHR 0630 


Gray 


10/01/97 


97 DHR 0632 


Phipps 


08/25/97 


97 DHR 0646 


Phipps 


09/26/97 


97 DHR 0653 


Chess 


08/20/97 


97 DHR 0659 


Gray 


08/19/97 


97 DHR 0667 


Phipps 


08/25/97 


97 DHR 0681 


Gray 


08/29/97 


97 DHR 071 7 


Reilly 


10/16/97 


97 DHR 0721 


Chess 


10/09/97 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



845 



CONTESTED CASE DECISIONS 



CASE 




NUMBER 


AU 


97 DHR 0723 


Chess 


97 DHR 0793 


Chess 


97 DHR 0797 


Phipps 


97 DHR 0824 


Beclon 


97 DHR 0908 


Smith 


97 DHR 0938 


Morrison 


97 DHR 0999 


Phipps 


97 DHR 1066 


Chess 



AGENCY 

Angela D Johnson v. DHR. Facility Svcs, Health Care Pers. Reg. Sec. 
Cressie D Mears v. DHR, Division of Facility Services 
Marie Emma Wimbush v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Tamara Green v. DHR. Fac. Svcs. Health Care Pers. Reg. Sec 
Jean Rossman v DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Brenda Faye Harris v. DHR. Facility Svcs. Health Care Pers. Reg Sec. 
Lorena Barbour v DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Vitina Cockrane v DHR. Facility Svcs. Health Care Pers. Reg Sec. 



Cenificale of Need Secnon 
Carolina Imaging. Inc/Fayetteville v. DHR. Facility Svcs. Cert/Need Sec. 96 DHR 1570 

and 
Cumberland Cty Hospital System, Inc., d/b/a Cape Fear Valley Med. Ctr. 

Group Licensure Secnon 
Jeffreys Family Care #2 v. DHR. Facility Svcs. Group Licensure Section 97 DHR 0259 

Division of Medical Assistance 

Dilladys Renee Stover V DHR. Division of Medical Assistance 97 DHR 0560 

Beitye Parson/Tambra Parson v. DHR. Div. of Medical Assistance 97 DHR 0656 

Robert D. & Ronda M Staton v. DHR. Div. of Medical Assistance 97 DHR 0660 



Phipps 



DATE OF 
DECISION 

08/06/97 
08/21/97 
. 08/25/97 
09/29/97 
09/02/97 
10/03/97 
09/11/97 
10/15/97 



06/24/97 



PUBLISHED DECISION 
REGISTER CITATION 



Mann 


06/17/97 


Mann 


09/16/97 


Becton 


08/12/97 


Smith 


09/05/97 



12;02 NCR 95 



Division of Social Services 

Child Support Enforcement Section 
Dale P. Sprinkle v. Guilford Child Support Agency. Human Resources 
Steven Van Linker v Department of Human Resources 
Michael R. Bryant v Department of Human Resources 
David Lee Chamblee Jr. v. Department of Human Resources 
John W. Scott v. Department of Human Resources 
Michael T. Swann v. Department of Human Resources 
Ted Wayne Lamb v Department of Human Resources 
Jeffrey Grainger v Department of Human Resources 
Tollie Woods v. Department of Human Resources 
Fred Edward Stafford v. Department of Human Resources 
David N. Jarrett v. Department of Human Resources 
Warren S. Olson v. Department of Human Resources 
Stanley A. Watson v. Department of Human Resources 
Michael A. Isom v. Department of Human Resources 
Rafael L. Garcia v. Department of Human Resources 
Justin M. Woazeah. Sr, v. Deparlmenl of Human Resources 
Johnny R. Holden v. Department of Human Resources 
Calvin F. Mizelle v. Department of Human Resources 
Tommy Lee Clark v. Department of Human Resources 
■Ander L. Garfield v Department of Human Resources 
Clarence O. Rains v. Department of Human Resources 
Jeremy Baker v. Department of Human Resources 
Hal C. Morgan. Jr. v. Department of Human Resources 
Paul S. Cloninger v. Department of Human Resources 
Edward Stuteville v. Department of Human Resources 
Tony Peterson. Jr. v. Department of Human Resources 
Lee G. Sanders Jr v. Department of Human Resources 
David Fraizer v. Department of Human Resources 
David Fraizer v. Department of Human Resources 
David Hobson v. Department of Human Resources 
John T. Spidell v. Department of Human Resources 
David Scott Jordan v Department of Human Resources 
Lee R. Jones v. Department of Human Resources 
Cecil Hall v. Department of Human Resources 
Neil G. McGilberry v. Department of Human Resources 
William E. Daley Jr. v. Wake County Child Support Enforcement 
Dennis Larson v. Department of Human Resources 
Eric L Harrington v Department of Human Resources 
Paul F. Gangemi. Sr, v Department of Human Resources 
Scott M. Rodriguez v. Department of Human Resources 
James Withers v. Department of Human Resources 
Evalina R O.xendme v. Deparlmenl of Human Resources 
Phillip R. Banner v Deparlmenl of Human Resources 
Brian K. Norfleet v. Craven County Child Support Office 
Patrick Orlando Crump v. Deparlmenl of Human Resources 



96CRA 1171 


Gray 


08/13/97 


96 CRA 1250*= 


Becton 


07/11/97 


96CRA 1252 


Phipps 


08/11/97 


96 CRA 1281 


Morrison 


06/16/97 


96 CRA 1287 


Becton 


10/09/97 


96 CRA 1326 


Chess 


06/04/97 


96 CRA 1359 


Gray 


07/10/97 


96 CRA 1376 


Reilly 


08/14/97 


96 CRA 1348*" 


Morrison 


08/04/97 


96 CRA 1407*'" 


Reilly 


08/21/97 


96 CRA 1438 


Morrison 


07/10/97 


96 CRA 1440 


Phipps 


09/09/97 


96 CRA 1448*" 


Reilly 


08/21/97 


96 CRA 1450 


Becton 


07/11/97 


96 CRA 1451 


Becion 


09/11/97 


96 CRA 1452*' 


Chess 


07/22/97 


96 CRA 1463 


Mann 


10/16/97 


96 CRA 1476 


Chess 


07/07/97 


96 CRA 1477 


Phipps 


08/13/97 


96 CRA 1479*' 


Morrison 


07/15/97 


96 CRA 1482 


Reilly 


08/21/97 


96 CRA 1491*=° 


Smith 


09/05/97 


96 CRA 1500 


Smith 


09/05/97 


96 CRA 1502 


Becion 


09/11/97 


96 CRA 1507*" 


Mann 


08/13/97 


96 CRA 1513 


Gray 


10/02/97 


96 CRA 1515 


Reilly 


09/11/97 


96 CRA 1519*'° 


Chess 


07/18/97 


96 CRA 1520*'° 


Chess 


07/18/97 


96 CRA 1522*" 


Phipps 


07/24/97 


96 CRA 1567 


Smith 


09/05/97 


96 CRA 1673 


Reilly 


07/18/97 


96 CRA 1720*' 


Phipps 


07/10/97 


96 CRA 1749** 


Mann 


07/10/97 


96 CRA 1767*" 


Becton 


07/15/97 


96 CRA 1789 


Reilly 


09/25/97 


96 CRA 1793 


Chess 


06/17/97 


96 CRA 1794 


Mann 


07/19/97 


96 CRA 1809 


Gray 


08/13/97 


96 CRA 1818"' 


Gray 


06/25/97 


96 CRA 1820 


Reilly 


07/24/97 


96 CRA 1825 


Gray 


09/10/97 


96 CRA 1826*-' 


Gray 


09/24/97 


96 CRA 1846 


Phipps 


10/02/97 


96 CRA 1866*" 


Gray 


08/18/97 



Consolidated Cases. 



846 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



CONTESTED CASE DECISIONS 



AGENCY 

Ronald L- Hadley v Deparimeni of Human Resources 

Garland M, Jessup v, Guilford County Child Support Enforcement 

Anthony LeMar HI v. Department of Human Resources 

Michael A. Norman v. Department of Human Resources 

Walter Hawk v. Department of Human Resources 

Johnny Lewis Fields v. Department of Human Resources 

Roger G. Foster v. Department of Human Resources 

Charlie T. Smith v. Department of Human Resources 

Joseph Davis v Department of Human Resources 

Joseph Michael Eubanks v Department of Human Resources 

Vonzell Barker v. Department of Human Resources 

Charles F- King v. Department of Human Resources 

AC. Nash V. Department of Human Resources 

Kenneth A. Ingle v. Department of Human Resources 

Norman L. Gatewood v. Department of Human Resources 

Larie Bolton v Department of Human Resources 

Monty G. Cox v, Randolph County Child Support Enforcement Agency 

Steven Van Linker v. Department of Human Resources 

Barry Tukes Sr. v. C.S.E. 

Monty G. Cox v. Randolph County Child Support Enforcement Agency 

Harriet Tolson v, Departinent of Human Resources 

John W. Scott V. Department of Human Resources 

Edgar C- Lewis, Jr. v. Department of Human Resources 

Willie L- Berry v. Department of Human Resources 

Tony Orlando Steele v. Department of Human Resources 

Carl Locklear v. Department of Human Resources 

ToUie Woods v. Department of Human Resources 

James Earl McLellan v. Department of Human Resources 

Charles L. Raynor v. Department of Human Resources 

Robert Walker v. Intercept Tax Refunds 

Chris M. Wilson v. Department of Human Resources 

Fred Edward Stafford v Department of Human Resources 

Stanley A. Watson v. Department of Human Resources 

Justin M. Woazeah. Sr. v. Department of Human Resources 

William A. Underhill v. Department of Human Resources 

Almiron J- Deis v. Department of Human Resources 

Jeremy Baker v. Department of Human Resources 

Alfred Clinton Springs v. Department of Human Resources 

Ander L- Garfield v. Department of Human Resources 

Ulysses Harris v, Nash County Child Support Office and Human Resources 

Edward Stuteville v. Department of Human Resources 

Gerald A. Jones v. Department of Human Resources 

David Hobson v Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Donald Ray Archie v Department of Human Resources 

John T Spidell v Department of Human Resources 

John W. Liverman v. Department of Human Resources 

Vincent L. Martin v. Department of Human Resources 

Harlie Leonard Hardison v. Department of Human Resources 

Alton Washington v DHR and Robeson County Child Support Enf. Agcy. 

David Fraizer v. Department of Human Resources 

Golet Holloway, Jr. v. Department of Human Resources 

Jeffrey Pierce v. Department of Human Resources 

Patrick Orlando Crump v Department of Human Resources 

Crystal Lynn Manring-Robertson v. Forsyth County CSE, DSS & DHR 

William C. Rivera v. Department of Human Resources 

David L. Smith v DHR, DSS, CSE and Sampson County CSE 

Lenora McCracken v. Department of Human Resources 

Donald Lee Rodgers Sr. v. Rowan County CSE, DHR, DSS, CSE 

Derrick Sturdivant v. Department of Human Resources 

Clyde Williams v. DHR, DSS, CSE, and Pitt County CSE 

Lee R. Jones v. Department of Human Resources 

Cecil Hall v. Department of Human Resources 

Gregory Melton v. Department of Human Resources 

Neil G McGilberry v. Department of Human Resources 

Devin J. Bello v Department of Human Resources 

Phillip R. Banner v Department of Human Resources 

Scott M. Rodriguez v. Department of Human Resources 

James Withers v Department of Human Resources 

David M. Greene v. Buncombe County CSE and DHR. DSS, CSE 

Jarmarle Arnold v Department of Human Resources 

Sean Heitz v. Department of Human Resources 

Nathan S. Lockhart Sr. v Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


96CRA 1892 


Reilly 


07/18/97 


96CRA 1898 


Becion 


07/11/97 


96 CRA 1905 


Smith 


09/05/97 


96CRA1915 


Gray 


09/24/97 


96 CRA 1943 


Phipps 


08/13/97 


96 CRA 2085 »" 


Smith 


10/02/97 


97 CRA 0043 


Phipps 


06/19/97 


97 CRA 0280 


Reilly 


06/16/97 


97 CRA 0436*'* 


Phipps 


08/11/97 


97 CRA 0477 


Reilly 


07/18/97 


97 CRA 0620 


Becton 


08/12/97 


97 CRA 0720 


Reilly 


07/30/97 


97 CRA 0788 


Gray 


09/10/97 


97 CRA 1714 


Chess 


09/25/97 


96 CSE 0484 


Chess 


09/23/97 


96 CSE 1220 


Reilly 


08/21/97 


96 CSE 1235*"' 


Becton 


08/12/97 


96 CSE 1249*= 


Becton 


07/11/97 


96 CSE 1277 


Mann 


07/01/97 


96 CSE 1278*"' 


Becton 


08/12/97 


96 CSE 1280 


Reilly 


08/21/97 


96 CSE 1286 


Becton 


10/09/97 


96 CSE 1299 


Mann 


08/20/97 


96 CSE 1319 


Gray 


06/25/97 


96 CSE 1337 


Mann 


06/30/97 


96 CSE 1338 


Mann 


07/07/97 


96 CSE 1340*" 


Morrison 


08/04/97 


96 CSE 1358 


Mann 


10/16/97 


96 CSE 1382 


Becton 


07/11/97 


96 CSE 1384 


Morrison 


07/24/97 


96 CSE 1403 


Morrison 


09/25/97 


96 CSE 1406*" 


Reilly 


08/21/97 


96 CSE 1449*" 


Reilly 


08/21/97 


96 CSE 1453*' 


Chess 


07/22/97 


96 CSE 1455 


Mann 


07/18/97 


96 CSE 1456 


Gray 


06/25/97 


96 CSE 1460*^ 


Smith 


09/05/97 


96 CSE 1473 


Reilly 


08/21/97 


96 CSE 1480*' 


Morrison 


07/15/97 


96 CSE 1488 


Becton 


10/14/97 


96 CSE 1508*" 


Mann 


08/13/97 


96 CSE 1512 


Becton 


09/11/97 


96 CSE 1521*" 


Phipps 


07/24/97 


96 CSE 1527 


Reilly 


06/25/97 


96 CSE 1528 


Reilly 


09/24/97 


96 CSE 1558 


Becton 


07/11/97 


96 CSE 1566 


Smith 


09/05/97 


96 CSE 1568 


Becton 


07/11/97 


96 CSE 1574 


Gray 


08/04/97 


96 CSE 1578 


Becton 


08/25/97 


96 CSE 1597 


Becton 


10/13/97 


96 CSE 1610*'° 


Chess 


07/18/97 


96 CSE 1611 


Becton 


07/11/97 


96 CSE 1613 


Mann 


06/30/97 


96 CSE 1614*'' 


Gray 


08/18/97 


96 CSE 1619 


Becton 


10/13/97 


96 CSE 1622 


Mann 


06/18/97 


96 CSE 1639 


Becton 


10/13/97 


96 CSE 1644 


Mann 


06/30/97 


96 CSE 1667 


Becton 


10/13/97 


96 CSE 1672 


Chess 


10/09/97 


96 CSE 1688 


Becton 


10/13/97 


96 CSE 1719*' 


Phipps 


07/10/97 


96 CSE 1750*' 


Mann 


07/10/97 


96 CSE 1764 


Morrison 


09/17/97 


96 CSE 1766*' 


Becton 


07/15/97 


96 CSE 1774 


Phipps 


07/16/97 


96 CSE 1802*=' 


Gray 


09/24/97 


96 CSE 1817*' 


Gray 


06/25/97 


96 CSE 1821 


Reilly 


08/21/97 


96 CSE 1844 


Becton 


10/06/97 


96 CSE 1853 


Becton 


10/14/97 


96 CSE 1909 


Chess 


07/22/97 


96 CSE 1910 


Phipps 


07/16/97 



PUBLISHED DECISION 
REGISTER CITATION 



12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



847 



CONTESTED CASE DECISIONS 



AGENCY 

Scoit James Petrill v, Deparimeni of Human Resources 

Daniel E Carpenler v. Depariment of Human Resources 

Daniel D- Morse v. Departmeni of Human Resources 

Daryl E Shankle v. Child Support Enforcement Agency 

Jeffrey William Sirama v. Department of Human Resources 

Joseph Fernandez v. Department of Human Resources 

Johnny Lewis Fields v Department of Human Resources 

Alfred Covington v. DHR, DSS, CSE and Burke County CSE 

Tommy L Hines Sr v Forsyth County Child Support Enforcement 

Kelvin Cherry v DHR. DSS, CSE. Durham Cty CSE and Wake Cty CSE 

Irvan Jemal Fonienot v. Deparunenl of Human Resources 

Pearlie Blakney v. Department of Human Resources 

Leroy Grooms v. Department of Human Resources 

Sarah Chambers v. Department of Human Resources 

Leroy Grooms v. Department of Human Resources 

Theodore McCleese v. Department of Human Resources 

Gertru Jefferson Ward v Department of Human Resources 

James Allen Harris v. Department of Human Resources 

John C- Henderson v. Department of Human Resources 

William A- Rogers v. Department of Human Resources 

Mark R- Kearney v. Department of Human Resources 

Michael J Powell v. Department of Human Resources 

Joseph Davis v. Department of Human Resources 

James G- Davis v. Department of Human Resources 

Randy Gavurnik v. Department of Human Resources 

Curtis Leon Mock v. Department of Human Resources 

Daniel E- Carpenter v. Department of Human Resources 

Juan L, Allen v. Department of Human Resources 

Donald Mac Tipton v. Department of Human Resources 

Guy R- Auger v Brunswick County Child Support Enforcement 

Andrew J. Hough v Departmeni of Human Resources 

Michael V, Dockery v. Deparunent of Human Resources 

William Irving Commodore v. Department of Human Resources 

David F. Norman v. Department of Human Resources 

Richmond P. Lambert ID v. Department of Human Resources 

Carvin Ray Burris v. Department of Human Resources 

Mar F. Jones v. Departmeni of Human Resources 

Denis J. Quinn v, Departmeni of Human Resources 

Nathaniel D. Carter v. Department of Human Resources 

Dennis W, Clowers v. Depariment of Human Resources 

Daniel J. McDowell v Depariment of Human Resources 

Roger Waldren v. Departmeni of Human Resources 

Randy Allen Vore v. Depariment of Human Resources 

Waller McNeil v. Department of Human Resources 

David Hobson v. Departmeni of Human Resources 

Jerry Whitley v. Mecklenburg County Child Support Enforcement 

Linda Wade-Hargrove v Department of Human Resources 

Regina C. Sullivan v. Department of Human Resources 

Teri Lynne Lanier v. Department of Human Resources 

Katrina T. Johnson v. Departmeni of Human Resources 

Clarisa Carter Watson v. Department of Human Resources 



CASE 
NUMBER 



INSURANCE 

Joseph J. Peacock ' 



Depariment of Insurance 



96 CSE 
%CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 

96 CSE 

97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 DCS 
97 DCS 
97 DCS 
97 DCS 
97 DCS 



1914 

1917*'- 

1942 

1977 

2043 

2066 

2084»- 

2086 

0015 

0027 

0223 

0254 

0258*" 

0278 

0297*' 

0353 

0381 

0401 

0408 

0410 

0417 

0418 

0435*" 

0448 

0454 

0490 

0501*'= 

0550 

0564 

0600 

0615 

0642 

0671 

0672 

0712 

0751 

0777 

0794 

0931 

0944 

0984 

1042 

1071 

1324 

1747*" 

2037 

0365 

0482 

0738 

0856 

0909 



96 INS 0433 



JUSTICE 

Barbara Carter Irons v. DHR. Division of Facility Services 

Paul Harvey Taylor v. Departmeni of Justice. Company Police Program 

Imran Ramnarine v. Depariment of Justice. Company Police Program 

Alarm Systems Licensing Board 

Kim Brian Phelps v. Alarm Systems Licensing Board 
Daniel Joseph Dunne. HI v. Alarm Systems Licensing Board 

Education and Training Standards Diiision 

Charles Thomas Ohnmacht. Jr v. CrimL Justice Ed Training Sids. Comm, 
Jon Randolph O'Dell v. Criml. Justice Ed. Training Stds. Comm. 
James Haywood Mathews. Jr, v, Criml, Justice Ed, /Training Stds, Comm, 
Christopher Lee v. Criminal Justice Ed, & Training Standards Comm, 
Steven Wayne Olsen v Criminal Justice Ed, & Training Standards Comm, 
Joseph Lonnie Wesson v Criminal Justice Ed, & Training Standards Comm 
Frank Arlander Hearne v. Criml Justice Ed & Training Stds Comm, 
Audrey McDonald Rodgers v. Sheriffs' Ed, & Training Stds. Comm, 
Gerald S. Wingaie v. Sheriffs' Ed, & Training Stds, Comm. 



97 DOJ 0669 
97DOJ0916 
97 DOJ 2071 



96 DOJ 1785 

97 DOJ 0868 



96 DOJ 
96 DOJ 

96 DOJ 

97 DOJ 
97 DOJ 
97 DOJ 
97 DOJ 
97 DOJ 
97 DOJ 



0353 
1466 
1957 
0076 
0077 
0136 
0137 
0308 
0428 



ALJ 

Morrison 

Phipps 

Chess 

Becion 

Beclon 

Chess 

Smith 

Becion 

Reilly 

Becion 

Becion 

Phipps 

Becton 

Morrison 

Becton 

Morrison 

Chess 

Mann 

Smith 

Gray 

Reilly 

Becton 

Phipps 

Gray 

Morrison 

Mann 

Phipps 

Smith 

Gray 

Morrison 

Reilly 

Mann 

Mann 

Gray 

Morrison 

Becion 

Phipps 

Reilly 

Smilh 

Becion 

Morrison 

Chess 

Mann 

Becton 

Phipps 

Reilly 

Becion 

Becton 

Smith 

Becton 

Gray 



Becton 



Phipps 
Reilly 
Becton 



Gray 
Phipps 



Phipps 

Phipps 

Reilly 

Morrison 

Phipps 

Reilly 

Reilly 

Reilly 

Gray 



DATE OF 
DECISION 

07/30/97 
07/25/97 
, 08/19/97 
07/11/97 
07/11/97 
08/21/97 
10/02/97 
10/06/97 
07/18/97 
10/13/97 
07/11/97 
07/24/97 
07/18/97 
06/16/97 
07/18/97 
08/05/97 
08/22/97 
10/16/97 
09/05/97 
06/25/97 
08/07/97 
08/12/97 
08/11/97 
07/28/97 
08/04/97 
06/17/97 
07/25/97 
09/05/97 
09/15/97 
07/18/97 
08/21/97 
10/03/97 
10/03/97 
07/28/97 
10/06/97 
09/11/97 
08/28/97 
09/24/97 
09/25/97 
09/11/97 
09/10/97 
10/13/97 
10/07/97 
09/11/97 
07/24/97 
08/21/97 
07/11/97 
07/18/97 
09/05/97 
09/24/97 
10/02/97 



07/25/97 



08/27/97 
10/03/97 
06/11/97 



08/08/97 
09/12/97 



06/13/97 
09/16/97 
07/31/97 
06/19/97 
08/21/97 
08/26/97 
06/10/97 
07/31/97 
10/09/97 



PUBLISHED DECISION 
REGISTER CITATION 



i 



i 



12:04 NCR 327 



12:06 NCR 501 



i 



848 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



CONTESTED CASE DECISIONS 



AGENCY 



William Malcolm Mourino v. Sheriffs' Ed. & Training Stds. Comm. 
\ Derrick W. Bowens v. Sheriffs' Education & Training Standards Comm. 
f Joseph Ray Davis v. Sheriffs' Ed. & Training Stds. Comm. 

William Wayne McDowell v. Sheriffs' Education & Training Stds. Comm. 

Private Protective Senices Board 
Private Protective Services Board v. Phillip L. Hanson 
Ronald Anthony Bobeck v. Private Protective Services Board 
Joseph D. White v. Private Protective Services Board 
Harry A. House v. Private Protective Services Board 
Earl Thomas Wilson v. Private Protective Services Board 

PUBLIC INSTRUCTION 

Nicholas Eirschele. by his parents. Charles & Kathy Eirschele v. Craven 

County Board of Education 
Karen L. Holgersen v. Department of Public Instruction 
Meridith Kirkpatrick. by her parent, Susan Kirkpatrick and Meridith 

Kirkpatrick, Individually v. Lenoir County Board of Education 
Alexander & Linda Brody & their son. James Brody v. Dare County 

Public Schools 
Brenda Joyce Brooks Lovely v. State Board of Education 
John G Schaenman v. State Board of Education 
Norman D. Crotts v. State Board of Education 
Waller R. Bennett v. State Board of Education 
Julius O Webb v. Hertford County Board of Education 
Karen Clark Ceccato v. Department of Public Instruction 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


97 DOJ 0430 


Phipps 


09/16/97 




97DOJ066I 


Smith 


08/29/97 




97 DOJ 0747 


Gray 


10/02/97 




97 DOJ 0817 


Morrison 


08/22/97 




96 DOJ 0795 


Smith 


06/05/97 




97 DOJ 0476 


Morrison 


06/20/97 




97 DOJ 0724 


Gray 


10/06/97 




97 DOJ 0727 


Phipps 


09/11/97 




97 DOJ 0996 


Gray 


10/06/97 




96 EDC 0655 


Mann 


09/02/97 




96 EDC 0808 


Smith 


05/27/97 




96 EDC 0979 


Overby 


06/02/97 




96 EDC 1095 


Creech 


08/25/97 


12:07 NCR 581 


97 EDC 0089 


Morrison 


08/01/97 




97 EDC 0095 


Morrison 


10/07/97 




97 EDC 01 17 


Reilly 


09/23/97 




97 EDC 0657 


Smith 


09/29/97 




97 EDC 0736 


Gray 


09/09/97 




97 EDC 0989 


Smith 


09/16/97 





STATE PERSONNEL 



Brunswick Community College 

Dr. Donald W. Skinner v. Brunswick Community College 

Correction 

Rodney Jones. Paula Hawkins, James McKoy v. Dept. of Correction 
Rodney Jones. Paula Hawkins, James McKoy v. Dept. of Correction 
Rodney Jones, Paula Hawkins, James McKoy v. Dept. of Correction 
Larry Wayne Pruitt, Jr. v Department of Correction 
William Hershel Bradley v. Franklin Freeman, Supt Mark Hughes, 

Grant Spicer, Asst Supt. Wade Hailey, et al. Department of Correction 
Dennis Harrell v Department of Correction 
Ray Evans Joyner v. Correction, Div. of Adult Probation/Parole 
Morton Floyd v. New Hanover Department of Correction 
William A. Rich v. Dennis Rowland (Asst. Supt.) Wake Corr. Ctr. DOC 
Lonnie F. McCaskill. Ill v. Department of Correction 
William E. McCaskill v. Department of Correction 
Ronald M Johnson v. Emp. Rel. Comm., DOC (Morrison Youth Inst.) 

Crime Control and Public Safety 
Carroll E. Ward v. State Highway Patrol 

Employment Security Commission 

Broxie J Nelson v. Employment Security Commission 
Mary H. Ranson v. Employment Security Commission 

Environment, Health, and Statural Resources 

James Fred Suain v. Environment, Health, and Natural Resources 
James S. Kantor v Environment. Health, and Natural Resources 

Human Resources 

Willie D. Parks v. Cherry Hospital. Department of Human Resources 

Robert Tilson .Morley v. Department of Human Resources 

Glen Sutton v. Cumberland County Department of Social Services 

Brenda C. Burgess v. Dept of Human Resources (Broughton Hospital) 

Pamela Ma.ssey v. Department of Human Resources 

Clifton Dean Hill v. Department of Human Resources 

Bennie Allen Suttle v. Department of Human Resources 

Calvin E. Kaiser v. Southeastern Mental Health Center 

Sandra Riley v. Onslow County Department of Social Services 

Vicky Angel Morgan v. Buncombe County Department of Social Services 

Rick A. Sanders v. Department of Health and Human Services 

Troy Gaines v Durham County Mental Health Department 

Edward Percell Eason v. Department of Human Resources 

Lisha Dawn Byrd v. Human Resources (Western Carolina Center) 

Antonio A. Archibeque v. Barbara D. Whitley. Dir. Stanly County DSS 



97OSP03I0 


Phipps 


06/12/97 




96OSP1051'*" 


Phipps 


08/20/97 




96 0SP 1119*" 


Phipps 


08/20/97 




96 0SP 1120*" 


Phipps 


08/20/97 




96 0SP1133 


Gray 


08/11/97 




96 OSP 1604 


Phipps 


06/19/97 




96 OSP 2039 


Chess 


06/18/97 




97 OSP 0100 


Becton 


09/18/97 




97 OSP 0152 


Gray 


06/13/97 




97 OSP 0542 


Gray 


09/02/97 




97 OSP 0761 


Gray 


10/02/97 




97 OSP 0770 


Becton 


09/26/97 




97 OSP 0940 


Gray 


10/02/97 




97 OSP 0750 


Mann 


09/16/97 




96 OSP 0378 


Becton 


07/10/97 




97 OSP 0387 


Mann 


07/24/97 




96 OSP 0440 


Gray 


10/02/97 


12:09 NCR 851 


96 OSP 0633 


Smith 


09/30/97 


12:09 NCR 854 


96 OSP 0617 


Phipps 


09/10/97 




96 OSP 0969 


Gray 


08/21/97 




96 OSP 1296 


Gray 


07/17/97 




96 OSP 1485 


Phipps 


10/13/97 




96 OSP 1927 


Becton 


08/28/97 


12:06 NCR 497 


97 OSP 0007 


Phipps 


06/20/97 


12:02 NCR 107 


97 OSP 0069 


Reilly 


09/30/97 




97 OSP 0073 


Gray 


08/08/97 




97 OSP 02 17 


Reilly 


10/14/97 




97 OSP 0283 


Becton 


10/02/97 




97 OSP 0307 


Reilly 


10/16/97 




97 OSP 0347 


Mann 


08/05/97 




97 OSP 0363 


Gray 


08/15/97 




97 OSP 0491 


Morrison 


08/28/97 




97 OSP 0663 


Smith 


09/02/97 





12:9 



NORTH CAROLINA REGISTER 



November 3, 1997 



849 



CONTESTED CASE DECISIONS 



AGENCY 

DHR. Deaf & Hard ol Hearing CNCSD. Evonne Broadnax v. DHR, 

Deaf & Hard of Hearing CNCSD 
Julia R. Baker v. Union County Depariment of Social Services 

Public Instruction 

Frances Phillips Melon v. Department of Public Instruction 

Transportation 

Frank A. TIce, III v Department of Transportation 

University of North Carolina 

Boyd S. Taylor v. NC Central University 

Diane Riggsbee-Raynor v. UNC at Chapel Hill 

Helen Mclntyre v. UNC-TV University of North Carolina 

Elaine P. Browne v. Winston-Salem State University 

Carol Glosson v. University of NC Hospitals at Chapel Hill 

Ann O- Meares v. NC State University 

Darrell } Hampton v. NC Central University 

Clinton A. Browne v. NC A&T State University 

Kenneth L- Jarman v. East Carolina University 

William A. Covington v NC A & T State University 

Beth W. Vinson v. Western Carolina University 

Helen Mclntyre v. UNC-TV University of North Carolina 

Helen Mclntyre v. UNC-TV University of North Carolina 

STATE TREASURER 

Shelby H Underwood, et.al. v. Trustees Teachers/St Emp Ret Sys- 
Richard Albert Jose v. State Treasurer Retirement Systems Div. 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


Md 


DECISION 


REGISTER CFFATION 


97OSP0756 


Becion 


09/03/97 




97 OSP 0783 


Gray 


10/13/97 




95 OSP 0907 


Trawick 


06/09/97 




97 OSP 0380 


Mann 


09/05/97 




94 OSP 0363 


Chess 


09/12/97 




96 OSP 0326 


Chess 


06/04/97 


12:01 NCR 39 


96 OSP 0822 


Gray 


09/26/97 




96 OSP 1007 


Reilly 


09/24/97 




96 OSP 1015 


Becton 


10/08/97 




96 OSP 1870 


Chess 


09/22/97 




97 OSP 0155 


Mann 


08/11/97 




97 OSP 0199 


Phipps 


09/18/97 




97 OSP 0249 


Gray 


09/26/97 




97 OSP 0686 


Becton 


08/29/97 




97 OSP 0762 


Phipps 


10/10/97 




97 OSP 0991 


Gray 


09/26/97 




97 OSP 1148 


Gray 


10/16/97 




96 DST 0390 


Reilly 


08/05/97 




97DST0281 


Reilly 


10/02/97 





i 



TRANSPORTATION 

Audrey W. Harris v. Transportation, Manson/Wheat Contr., & Wake Elec. 97 DOT 0566 



Gray 



07/28/96 



i 



i 



850 



NORTH CAROLINA REGISTER 



Novembers, 1997 



12:9 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF CARTERET 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 OSP 0440 



JAMES FRED SWAIN 
Petitioner, 

V. 

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES, 
Respondent. 



RECOMMENDED DECISION 



The above entitled matter was commenced by the filing of a contested case petition on April 16, 1996 in the Office of 
Administrative Hearings alleging that Petitioner had been dismissed from his employment with Respondent without just cause. 
This case initially was assigned to an administrative law judge who went into private practice in the summer of 1997. On July 14, 
1997 Petitioner filed a Motion for Summary Judgment. This case was reassigned to the undersigned on July 29, 1997. Petitioner, 
by letter dated August 11, 1997, sought a hearing on his summary judgment motion at the earliest possible date. A motions hearing 
was conducted on September 22, 1997 in Raleigh, North Carolina. All pending motions were brought on for hearing. 



APPEARANCES 



Petitioner: 
Respondent: 



Marvin Schiller, Esq. 



Edwin L. Gavin, II, Assistant Attorney General 
David Roy Blackwell, Special Deputy Attorney General 



RESPONDENT'S MOTION FOR SANCTIONS FOR U NTIMELY DISCOVERY 

Respondent's motion for sanctions for alleged late filing of discovery responses by Petitioner was argued by the parties 
and DENIED. 

RESPONDENT'S MOTION TO DISMISS FOR LACK OF JURISDICTION 

Respondent's Motion to Dismiss for lack of jurisdiction based on Respondent's contention that the petition failed to state 
facts sufficient to commence a contested case under G.S. 150B-23 was DENIED. 

PETITIONER'S MOTION FOR SUMMARY JUDGMENT 

Petitioner's Motion for Summary Judgment was argued at the September 22, 1997 motions hearing without objection. 
No party asserted that it had outstanding discovery pending which could have a bearing on the motion for summary judgment. 
Petitioner offered in support of his motion the pleadings filed to date, including, and particularly, the Document Constituting 
Agency Action, a five page dismissal letter from (former) Fisheries Director Bruce Freeman to Petitioner James Fred Swain dated 
January 31, 1996. Respondent offered Petitioner's job description and the deposition transcript of Fisheries Director Bruce 
Freeman in its argument and response opposing the motion for summary judgment. 

The essence of Petitioner's motion is that the dismissal letter, submitted by Respondent as the Document Constituting 
Agency Action and treated here as a pleading for purposes of construing a Rule 56 motion, demonstrates, on its face, that 
Respondent cannot prevail, as a matter of law, in its discharge of Petitioner on the grounds of grossly inefficient job performance 
because it fails to sufficiently state the specific acts and omissions required by G.S. 126-35 and because it fails to raise a genuine 
issue of material fact regarding whether Petitioner's job performance constitutes grossly inefficient performance under N.C. Admin. 
Code tit. 25, r. 11.2303 (December 1995) (Amended Eff. December 1, 1995). Official notice of the grossly inefficient job 
performance rule was taken at the motions hearing. 



12:9 



NORTH CAROLINA REGISTER 



Novembers, 1997 



851 



CONTESTED CASE DECISIONS 



SUMMARY OF UNDISPUTED FACTS 

Counsel at the motions heating admitted that Petitioner's persoimel record does not contain the three (3) job performance 
warnings required by North Carolina law under Chapter 126 to support a just cause dismissal for reasons of job performance. The 
documents of record in this contested case show, and it is not disputed, that Petitioner has been in State service for over 25 years 
and was the Marine Fisheries Enforcement Chief at the time of his dismissal for grossly inefficient job performance on January 
31, 1996. The only specific acts or omissions cited in Director Freeman's January 31, 1996 dismissal letter to Petitioner, which 
occurred on or after the December 1, 1995 effective date of the State Personnel Commission rule allowing summary dismissal for 
grossly inefficient job performance, are as follows: 

[t]wo weeks ago I indicated that enforcement officers were needed at two important public 
hearings on the Weakfish Fishery Management Plan. Because of the importance of these 
hearings, I specifically put the meeting times and locations in a memo (memorandum to you 
dated January 18, 1996). I was disturbed to learn that no officer was present at the 
January 24, 1996 hearing. This required me to again impress upon you the importance of the 
hearings and the absolute need to have officers at the final hearing. 

Director Freeman's January 31, 1996 dismissal letter to Petitioner contains approximately ten (10) specific instances, 
specified by dates, of what is alleged to be job performance problems. The earliest date is January 13, 1995 and the last or most 
recent date is January 24, 1996. 

The State Personnel Commission rule allowing dismissal for grossly inefficient job performance provides, in pertinent part: 

(a) Gross Inefficiency (Grossly Inefficient Job Performance) occurs in instances in which the 
employee fails to satisfactorily perform job requirements as specified in the job description, 
work plan, or as directed by the management of the work unit or agency and that failure results 
in: 

(1) the creation of the potential for death or serious harm to a client(s), an 
employee(s), members of the public or to a person(s) over whom the 
employee has responsibility; or 

(2) the loss of or damage to agency property funds that result in a serious 
impact on the agency and/or work unit. 

(b) Dismissal on the basis of grossly inefficient job performance is administered in the same 
manner as for unacceptable personal conduct. Employees may be dismissed on the basis of a 
current incident of grossly inefficient job performance without any prior disciplinary action. 
N.C. Admin. Code tit. 25, r. 11.2303 (December 1995)( Amended Eff December 1, 1995). 

RULING ON THE SUMMARY JUDGMENTT MOTION 

North Carolina General Statutes Section 150B-33 provides that an administrative law judge may rule on all prehearing 
motions authorized by G.S. lA-1, the Rules of Civil Procedure. A Rule 56 motion represents an assertion by the movant that the 
pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there are 
no genuine issues as to any material facts. Whiteside v\ Lawyers Surety Corp. . 107 N.C. App. 230, 418 S.E.2d 829 (1992). 
In determining a Rule 56 motion, every intendment is to be given to the nonmovant whose pleadings are to be taken as true while 
the movant's papers are to be treated with close scrutiny. Robinson v^ Duszynski . 36 N.C. App. 103, 243 S.E. 2d 148 (1978). 

NOW THEREFORE, having reviewed Petitioner's motion for summary judgment in the light most favorable to the 
nonmovant, taking the nonmovant 's pleadings as true, and exercising great scrutiny toward movant's papers, I find that: 

1. as to Petitioner's contention that Respondent failed to give specific acts and omissions to Petitioner prior to 
dismissing him, summary judgment should be, and hereby is DENIED; and 

2. as to petitioner's contention that Respondent's pleadings facially demonstrate that Respondent cannot prevail, 
as a matter of law, in this just cause hearing because its dismissal letter cites only one job performance incident, occurring since 
the effective date of the gross inefficiency rule, which neither purports to rise nor rises to the level necessary to establish gross 



852 NORTH CAROLINA REGISTER November 3, 1997 12:9 



CONTESTED CASE DECISIONS 



inefficiency, summary judgment should be, and the same hereby is, ALLOWED. It is noted that the gross inefficiency rule 
promulgated by the State Personnel Commission requires creation of the potential for death or serious harm to persons other than 
the employee and carries the expectation of a higher level of danger and apprehension of more immediate and serious consequences 
than that which is associated with ordinary job performance deficiencies. 

RECOMMENDED DECISION 

Based upon the foregoing considerations, it is hereby recommended that Petitioner's Motion for Summary Judgment be 
allowed and that Petitioner be reinstated to the same or similar position which he held as of January 3 1 , 1996; thai he be awarded 
back pay and all benefits to which he would have become entitled but for his dismissal; and that he be awarded reasonable attorneys 
fees in connection with his dismissal and subsequent appeals. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statues §150B-36(b). 

NOTICE 

Before the agency makes the FINAL DECISION, it is required by N.C.G.S. § 150B-36(a) to give each party an 
oppommity to file exceptions to this RECOMMENDED DECISION, and to present written arguments to those in the agency who 
will make the final decision. 

The agency is required by N.C.G.S. §150B-36(b) to serve a copy of the Final Decision on all parties and to furnish a copy 
to the Parties' attorney of record. 



This the 2"" day of October, 1997. 



Beecher R. Gray 
Administrative Law Judge 



12:9 NORTH CAROLINA REGISTER November 3, 1997 853 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF ORANGE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 OSP 0633 




JAMES S. KANTOR 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, 
HEALTH, ANT) NATLRAL RESOURCES 
Respondent. 



PETITIONER; 



RESPONDENT: 



The above-captioned matter was heard before Administrative Law Judge Dolores O. Smith on April 9 and 16, 1997 in 
Raleigh, North Carolina. 

APPEARANCES 

Jeffrey Starkweather 

Attorney at Law 

PO Box 217 

Pittsboro, North Carolina 27312 

Attorney for Petitioner 

John P. Barkley 

Assistant Attorney General 

N.C. Department of Justice 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

Attorney for Respondent 

ISSUES 

The parties agree and stipulate that the issues to be resolved in this matter are as follows: 

1 . Whether Respondent properly dismissed Petitioner for just cause? 

(la) Whether the final decision making process followed by Respondent in dismissing Petitioner provided procedural due 
process. 

(Ib)Whether the use of the March 7, 1995 written warning and April 28, 1995 final written warning to form the basis for 
Petitioner's November 9, 1995 dismissal constituted a violation of the Americans with Disability Act (ADA)? 

2. Whether Petitioner was provided reasonable accommodations by the Respondent imder the ADA from January 1993 through 
March 1995. 

(2a) Was Petitioner a qualified person with a disability? 

(2b)Was Respondent aware that Petitioner was a person with a disability? 

(2c)Did Respondent make a good faith effon to provide Petitioner with reasonable accommodations? 

(2d)Did Respondent provide Petitioner with reasonable accommodations? 

3. Whether Petitioner was provided reasonable accommodations by the Respondent as a qualified person with a disability under 



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854 



NORTH CAROLINA REGISTER 



November 3, 1997 



12:9 



CONTESTED CASE DECISIONS 



the ADA from March 23, 1995 through March 9, 1997? 

(3a) Was Petitioner a qualified person with a disability? 

(3b)Was Respondent aware that Petitioner was a person with a disability? 

(3c)Did Respondent make a good faith effort to provide Petitioner with reasonable accommodations for his known disability. 

(3d)Did Respondent provide Petitioner with reasonable accommodation? 

4. Was Respondent's failure to transfer Petitioner to an equivalent or lesser position in DEHNR for which he was qualified with 
or without reasonable accommodations a violation of the ADA? 

Based upon careful consideration of the testimony and evidence presented at the hearing the documents and exhibits received 
into evidence, and the entire record in this proceeding, the undersigned makes the following: 

FINDINGS OF FACT 

1 . Petitioner was employed as a chemist at the Toxicology Laboratory in the Office of the Chief Medical Examiner (OCME) in 
the Department of Environmental Health and Natural Resources (DEHNR) from 1989 until his dismissal in November of 1995. 

2. The Toxicology Laboratory of the OCME investigates unexplained, traumatic or unexpected deaths. The laboratory conducts 
tests to determine the presence of drugs, poisons, alcohol and other relevant substances. 

3. During Petitioner's early tenure at OCME, Dr. Andrew Mason was the Chief Toxicologist and Director of the Laboratory. 
Dr. Mason and Petitioner worked well together. 

4. During that time Petitioner was enrolled in and eventually completed a Masters Degree Program at UNC in the field of Solid 
Waste Management. 

5. Dr. Mason permitted Petitioner to work outside his work hours in order to finish his projects. Petitioner testified that Dr. 
Mason let him work late because he knew about Petitioner's learning disability. Dr. Mason testified that it was his recollection 
that he permitted Petitioner to work late because he was taking courses for a Masters Degree. 

6. Dr. Mason testified that he "never looked on James as slow. He just needed freedom to go at his own pace." Dr. Mason 
testified that he understood Jim had a learning disability of some kind but was not provided any documentation and didn't know 
what it was. 

7. Dr. Mason further testified that he liked Jim and considered him a friend but that sometimes Jim was a difficult employee to 
work with. "He's very forthright ...frequent times he complained about things." 

8. Dr. Patrick S. Ng, a chemist, became the Acting Director of the Laboratory after Dr. Mason left. 

9. During that time Petitioner and Dr. Ng did not get along. 

10. Michael Olson is the Administrative Services Manager at OCME. 

1 1 . After learning that Petitioner and Dr. Ng were having difficulty working together, Mr. Olson met with both Petitioner and 
Dr. NG. 

12. Dr. Ng said Petitioner argued and his work was careless. Petitioner said Dr. Ng did not speak English well and he could not 
be understood. 

13. Petitioner argued with Dr. Ng about various assignments and Dr. Ng said that Petitioner would argue for 45 minutes over a 
i 30 minute assignment. 

14. Dr. Butts is the Chief Medical Examiner and Director of the OCME. 



12:9 NORTH CAROLINA REGISTER November 3, 1997 855 



CONTESTED CASE DECISIONS 



15. On one occasion Mr. Olson saw Petitioner in Dr. Butts' office. No one was present but Petitioner was standing at Dr. Butts' 
work table alone. Mr. Olson told Petitioner that he should not be in Dr. Butts office and that he must leave. 

16. On March 17, 1993, Petitioner was sent a memorandum from Dr. Ng and Mr. Olson stating that during the course of a recent 
investigation they had become aware of time mismanagement and "impetuosity" in Petitioner's conduct. The memorandum 
admonished him to complete tasks as directed without argument; to refrain from being habitually disruptive to other employees; 
to stop spending an inordinate amount of time in the administrative offices area and to stop expressing negative opinions on 
the abilities of his supervisors. The memo also noted that on March 12, 1993, Petitioner had been found in Dr. Butts office 
looking at papers on one of his tables. The memorandum further said that Petitioner would be monitored and after six months 
the memorandum would be either removed from the file or consideration on further corrective or disciplinary action would 
be taken. 

17. In August of 1993, Dr. William H. Anderson became the Chief Toxicologist and Director of the Laboratory at the OCME. 

18. At the time Dr. Anderson was hired, the OCME had been in a poor state of operation. For example, the turn around time on 
evidence was six months which was unacceptable. 

19. Dr. Anderson was asked to take over the laboratory and to make all necessary improvements. He was provided with financial 
support which enabled him to improve the laboratory methodology and to acquire new equipment and instruments. 

20. After approximately a month. Dr. Anderson began to notice that Petitioner was working slowly and did not appear to have 
a clear understanding of his work. On one occasion, Petitioner asked Dr. Anderson how he thought Petitioner was doing. 
Dr. Anderson told Petitioner that he thought he should be working at a higher level. 

21. Dr. Anderson observed that Petitioner was having trouble learning procedures. He had more errors than his peers, didn't 
complete some of his assignments and didn't begin a significant number of assignments. 

22. In Jime of 1994, Dr. Anderson completed a WPPR for Petitioner. Petitioner was given a below grade overall rating and Dr. 
Anderson included the following comment: 

"With effort it is hoped that James will become a very productive member of 
laboratory staff. Problems do not seem insurmountable but they will not solve 
themselves. I and other supervisors will work in any way possible to be of 
assistance." 

23. Dr. Butts was aware of Petitioner prior to Dr. Anderson's tenure and understood that he was not one of the better chemists 
in the lab. 

24. One of the improvements made by Dr. Anderson was the requirement for a chain of custody log on evidence. This log kept 
a record of any time a sample was touched and the date and time of tnat movement. The chain of custody was essential should 
the sample be used as evidence in a criminal trial. 

25. Petitioner testified that he had difficulty keeping track of the entries he was to make on the chain of custody log. 

26. Dr. Anderson saw that Petitioner had an evaluation in his persoimel file which noted that he had dyslexia and difficulty in 

concentrating. 

27. Dr. Anderson learned that before he came on board the Petitioner frequently stayed late and came in early to get his work done. 
Dr. Anderson discontinued that practice for all staff because the laboratory had problems with doors being left open and gas 
being left on. 

28. Dr. Anderson told Petitioner that he could stay and work at any time when Michael Butler or Dr. Anderson was working but 
that the laboratory staff would not otherwise be allowed to work outside of their normal business hours. 

29. Dr. Anderson believed that Petitioner's slowness was partially a time management problem and he did not understand why it 
would take 35 minutes to get around to begiiming a project. 



856 NORTH CAROLINA REGISTER November 3, 1997 12:9 



CONTESTED CASE DECISIONS 



30. Dr. Anderson gave Petitioner extra time to complete tasks such as four hours to do a two hour task. 

31 . Dr. Anderson learned that Petitioner had Attention Deficit Disorder (ADD), but only after the final written warning had been 
issued. 

32. During Dr. Anderson's tenure Petitioner's relationship with his peers deteriorated. For example, on a number of occasions 
Petitioner had not securely screwed the tops on sealed blood vials and technicians were experiencing blood spills on to their 
hands and clothing. On one occasion Ms. Oldenberg, one of the techs, spilled an Aids blood sample on herself. 

33. Petitioner complained about the management of the laboratory and told Dr. Anderson that he did not empower his employees 
or practice modem management techniques. 

34. Petitioner had a great deal of trouble understanding Turbochrom, the computer program installed by Dr. Anderson. 

35. Petitioner testified that Dr. Anderson told him that he was not a good chemist, that he should resign and that if Petitioner didn't 
resign he would do it himself. He further testified that Dr. Anderson told him that he had a lot of work to do and didn't have 
time to spend on this issue. Petitioner further testified that Dr. Anderson told him that Petitioner would never do the work to 
his satisfaction and was beyond help. Dr. Anderson testified that he did not tell Petitioner to find another career but that 
Petitioner reported to him that his psychiatrist had told him he was in the wrong career and Dr. Anderson agreed with that. 
That, however, did not occur during the first year. 

36. Dr. Anderson testified that he did not threaten to fire Petitioner; that he simply reported to him each time he moved through 
the disciplinary procedure and explained where in the process he was. He testified "I didn't threaten to fire him... it makes 
no sense... I just didn't do it." 

37. Petitioner believed that Dr. Anderson continued to try to gel him to quit but that he was almost finished with his Masters 
Degree and needed to stay in the job. 

' 38. Petitioner believed that Dr. Anderson did not spend a lot of time with him but did spend time with Michael Butler, a Chemist 
II at OCME. He testified that Anderson and Butler had lunch almost every day. 

39. Petitioner testified that Mike Butler became the defacto assistant to Dr. Anderson once Dr. Anderson became Chief 
Toxicologist. He also testified that Mike became distant towards him and that Dr. Ng was "out of the loop." 

40. Mr. Butler testified that he believed the Petitioner's work performance deteriorated progressively because Petitioner was 
willfully allowing his productivity to fall. He had observed Petitioner being very good at his job at one time and then he 
"deteriorated ... 1 think it was willful." 

41 . Petitioner had received oral warnings for job performance on July 19, 1993, October 24, 1994, and January 6, 1995. 

42. On March 7, 1995, Petitioner received a written warning for job performance based on unacceptable quality, quantity and 
timeliness of work. 

43. On March 30, 1995, Mr. Olson, Dr. Butts, and Dr. Anderson met at Petitioner's request to discuss the recent disciplinary 
action. The meeting lasted from 11:00 to 12:25. 

44. On April 28, 1995, Petitioner received a final written warning for job performance. 

45. Petitioner went for two days to the Adult Learning Center which was paid for by the laboratory. 

46. Mr. Olson referred Petitioner to the Employee Assistance Program (EAP). Petitioner went to EAP and they recommended 
that he see a local psychologist. Dr. Andrew Short. 

k 47. Dr. Short determined that Petitioner had Attention Deficit Hyperactivity Disorder (ADHD). 

48. In June of 1995, Dr. Short's report was provided to the Respondent. A meeting was held with Respondent, Petitioner and 



12:9 NORTH CAROLINA REGISTER November 3, 1997 857 



CONTESTED CASE DECISIONS 



Petitioner's counsel. They discussed such suggested remedies as coaching in the "Show-Tell-Critique" method. At that meeting 
and during the period following the meeting, other accommodations were discussed as follows: 

a. Petitioner requested a transfer into a solid waste management job rather than 
a chemist position. Respondent gave Petitioner applications to fill out and 
referred him to DEHNR Persormel. 

b. Petitioner requested that he be permitted to work overtime but it was 
determined that this would be potentially a Fair Labor Standards Act 
violation. 

c. Petitioner requested that he be able to use headphones so that he could block 
out distracting noises. That was allowed except when Petitioner was 
operating at the wet lab. 

d. Petitioner requested a larger desk and a separate office. The desk was provided but 
the office was unavailable. However, at one point someone mentioned the possibility 
of a partition and the panition was ordered that day and subsequently installed. 

e. Petitioner requested a word processor which also was not at first available but was 
subsequently provided even though Petitioner's work did not require writing. 

f. Petitioner requested that he be provided with a "coach." The Respondent 
designated Michael Butler, at that time the Chief Chemist, to work as a coach 
to Petitioner. 

49. On June 1, 1995, Michael Olson wrote Aim Cobb at DEHNR personnel requesting that Petitioner's accommodation request 
for a transfer be granted and noting that Petitioner had applied for Waste Management Analysts positions. 

50. Scott Mouw in the Division of Pollution Prevention and Enviroimiental Assistance testified that Petitioner applied for two jobs 
in his section. He interviewed Petitioner but found that Petitioner did not have two years experience in sold waste and was 

not eligible for either of those positions. 

51. Raymond Kelling in the Division of Water Quality, DEHNR, reviewed a number of job postings and testified that Petitioner 
would have qualified for approximately 19 of the Chem-Tech positions which he reviewed. He testified that no one from State 
Personnel contacted him about the Petitioner. He further testified, however, that the people he interviewed were all people 
who made applications for the positions. 

52. Aim Cobb of DEHNR Personnel testified that people had been transferred as an accommodation under the ADA in the past 
but that they had been lateral transfers within the same occupational category. She testified that Petitioner had applied for 
Waste Management Specialist positions which would be promotions and would be outside of his occupational category. 

53. Ms. Cobb testified that that was considered but that even in an accommodation transfer the employee must meet the minimum 
qualifications for the new job category. 

54. Mr. Butler was selected as a coach and told that he was not to evaluate Petitioner or to be judgmental but was to employ the 
"Show-Tell-Critique" method. Mr. Butler was given a book which the Petitioner had provided ("Driven to Distraction") and 
Mr. Butler read that book before the coaching began. 

55. Mr. Butler asked how much time he should spend with the Petitioner and Mr. Olson said he was to do whatever it takes. Mr. 
Olson testified that he was explicit about Mr. Butler conveying no negative emotions to Petitioner. 

56. While the coaching arrangement was contemplated as a 30 minute to one hour block of Michael Butler's time, in fact, the 
arrangement commonly took half or more of Mr. Butler's workday. 

57. Petitioner told Mr. Butler that he did not think he could be fired no matter what he did and that because of his disability he 
would always have his job. 



858 NORTH CAROLINA REGISTER November 3, 1997 12:9 



CONTESTED CASE DECISIONS 



58. He also told Mr. Butler that he was trying to get into the Environmental Section of DEHNR and said that the office could be 
forced to transfer him. 

59. Mr. Butler testified that prior to the coaching period Petitioner's performance had deteriorated. Mr. Butler had observed 
Petitioner being belligerent to Dr. Anderson and arguing with Dr. Ng. Petitioner and Dr. Ng occasionally had had "shouting 
matches" in the hall. 

60. Katharine Hennessy is a Chem-Tech III at OCME. She was hired by Dr. Anderson along with an evidence technician. When 
Dr. Anderson brought in new equipment and made procedural changes, she was shown how to operate the new instruments 
and analyze the data. She testified that it was all new information to her. 

61 . Petitioner taught Ms. Hennessy how to do carbon monoxide and amino acid assays and Ms. Hennessy felt comfortable working 
with the Petitioner. Ms. Hennessy spent time giving Petitioner time management advice which he wrote down, but which 
he did not follow. 

62. Ms. Hennessy also observed that during the last six months of his employment Petitioner was belligerent with Dr. Anderson. 
Prior to that time he had been belligerent on occasion. 

63. Petitioner wanted his job coach to be Katharine Hennessy because she is the best and the fastest. Petitioner thought that there 
would be a person with a pad and stopwatch day to day until he improved and eventually until he was able to do it himself. 

64. The coaching arrangement was monitored but Dr. Anderson did not notice any improvement in Petitioner's work performance. 
Dr. Anderson testified that Petitioner's work level was not acceptable by any standards. 

65. Dr. Butts testified that the Respondent made a good faith effort at accommodation and Petitioner's performance was still not 
at a satisfactory level. 

66. Mr. Corbett, one of the technicians at the Laboratory, was aggressive and confrontational in his personality. On one occasion, 
Mr. Corbett physically assaulted Dr. Anderson. On another occasion, Mr. Corbett assaulted the Petitioner by body slamming 
him. After the body slamming incident Mr. Corbett was dismissed. 

67. Also after the body slamming incident. Petitioner was very distressed and stayed out of work for some number of days. When 
he returned he had begim to see a psychologist and he requested that the Respondent pay for his therapy. Respondent did not. 

68. The essential tasks for a Chem-Tech III in the OCME Forensic Toxicology Laboratory are the following: 

a. Maintain specimen integrity (chain of custody) 

b. Extract drugs and poisons from biological specimens 

c. Operate and perform routine maintenance and troubleshooting on laboratory equipment 

d. Perform amino acid assays analysis 

e. Perform all current analytical procedures employed by the lab 

f. Perform reduction with current laboratory data systems and procedures 

g. Prepare, organize and submit data packs documenting analytical results 

h. Compliance with all administrative policies including safety policies and procedures of the lab 

69. For some period of time. Petitioner did primarily alcohol testing. He did not do gas chromatograph/mass spectrometry, nor 



\ did he do the variety of testing which the other chemists did. 

70. Towards the end of Petitioner's tenure he was performing only alcohol assays. 



12:9 NORTH CAROLINA REGISTER November 3, 1997 859 



CONTESTED CASE DECISIONS 



71 . Upon reviewing the accommodations and the lack of improvement in Petitioner's work performance, Dr. Anderson determined 
that he had done everything he could and Petitioner was unable to meet the standards of the laboratory. He recommended the 
Petitioner be dismissed and Petitioner was placed on investigatory suspension. 

72. On November 6, 1995, Dr. Anderson wrote a memorandum to Dr. John Butts, recommending that the agency dismiss Mr. 
Kantor for unsatisfactory job performance. 

73. On November 7, 1995, Petitioner was placed on investigatory suspension and notified of a predisciplinary conference. The 
memo stated that the discipline being considered was dismissal and that the facts leading up to that consideration were: 

-Your job performance does not meet minimum requirements 

-You have failed to meet the expectations outlined in your performance management plan 

-You have failed to meet the explicit goals and objectives outlined in your April 28, 1995 final written 
warning for job performance- an analysis of your job performance for the last four months is attached. 

74. A predismissal conference was arranged and Petitioner arrived with counsel and said that he wished to have his attorney 
present. At the begiiming of the meeting the Petitioner was told that attorneys are not permitted at that appeal level and 
Petitioner and his attorney decided to leave without proceeding with the meeting. 

75. On November 8, 1995, Petitioner received a notice of dismissal for job performance which placed his last day at November 
9, 1995 and which listed a prior written warning dated March 8, 1995 and a final written warning dated April 28, 1995. 

Based upon the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1 . In an Americans with Disabilities Act (ADA) discharge claim, the Petitioner must establish by a preponderance of the evidence 
that: (1) he was in a protected class; (2) he was discharged; (3) at the time of the discharge, he was performing his job at a level 
that met his employer's legitimate expectations; and (4) his discharge occurred under circumstances that raise a reasonable inference 
of unlawful discrimination. 

To establish that the Petitioner is in a protected class, he must show that he has a physical or mental impairment that 
substantially limits one or more of major life activities. He must then show that there is a record of such an impairment or that 
he has been regarded as having such an impairment. 

If a disability imder the ADA is established, the Petitioner must then show that he was able to perform the essential functions 
of the job with or without reasonable accommodation. 

2. In the instant case, prior to 1995, Petitioner's learning disability had not been fully diagnosed and management had no reason 
to believe that Petitioner had a disability. Petitioner asked for extra time to do his work, but Dr. Mason believed that request 
was made because Petitioner was studying for his Masters. 

It is concluded that prior to 1995, Petitioner did not have a disability under the ADA. There was no record of a disability and 
Petitioner was not regarded as someone with a disability. 

3. In 1995, Petitioner was diagnosed with ADHD. That information was provided to management. 

After repeated discussions and written warnings to Petitioner concerning his job performance. Respondent provided a final 
written warning to Petitioner on April 28, 1995. At that point Petitioner first raised the issue of a disability due to ADHD. The 
written report from Dr. Short concerning ADHD was submitted to Respondent in June of 1995. 

It is concluded that, after 1995, Petitioner's ADHD was regarded by Respondent as a disability under the ADA. 

4. Subsequently, Petitioner requested accommodations. He requested and received a word processor event though his job required 



860 NORTH CAROLINA REGISTER November 3, 1997 12:9 



CONTESTED CASE DECISIONS 



very little, if any, writing. He requested a private office and received a partition; he requested permission to use headphones 
which was permitted other than at the wet lab; he requested a larger desk, which was provided; he requested a transfer and 
although attempts were made, the transfer was not provided; and, most remarkably. Petitioner requested and was given another 
employee to be his coach. 

As to the transfer request, the evidence indicates that Petitioner was primarily, if not exclusively, interested in transferring to 
a position outside the OCME in the area of solid waste management, the field in which he had received his Masters degree. 
Petitioner, however, did not have experience in this new field. The positions which were cited by Petitioner required experience 
- a qualification which Petitioner could not meet. 

Respondent was under no obligation to transfer Petitioner into a professional position in his new field of endeavor. 

If Respondent had transferred Petitioner, it would have been appropriate to place him in a position in which he could perform 
despite his disability - not to place him in a position of his choosing to begin a new career. 

It is concluded that Respondent provided Petitioner with reasonable accommodations. 

5. Petitioner must then show that he was able to perform essential functions of his job with the reasonable accommodations. 

The tasks expected of Petitioner were essential functions of his job. Those tasks were reasonable and not beyond the 
capabilities of a chem tech in a similar position. 

Petitioner contends that he met the responsibilities of his job. However, the evidence shows that he fell far short of the 
necessary tasks that he and all other chem techs in the lab were expected to do. With the implementation of accommodations. 
Respondent contends, instead of improving. Petitioner's performance decreased. It is clear that Petitioner's work performance was 
far below par even after the accommodations were made. 

It is therefore concluded that. Petitioner could not perform the tasks of his position even after the accommodations were in 
place. 

6. It is concluded that Respondent had just cause to dismiss Petitioner. 

7. It is concluded that Respondent did not discriminate against Petitioner because of his ADHD. 

8. As to procedure, the Respondent provided the appropriate notice of a predismissal conference to Petitioner to allow an 
opportunity to discuss why Petitioner should not be dismissed. Petitioner refused to participate in the predismissal conference 
because his attorney could not be involved. 

Following the attempt to meet, the recommendation to dismiss was made and was discussed with Ms. Cobb as required by 
DEHNR procedure. Ms. Cobb concurred with the decision and the Petitioner was dismissed. The decision was based on an 
established record of deficient job performance that could not be accommodated. 

It is concluded that the Respondent followed all of the appropriate procedures, including all requisite oral and written warnings 
prior to dismissal of Petitioner. 

Based upon the above Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

That the Office of State Personnel affirm the Respondent's decision to terminate Petitioner. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. Drawer 
I 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute 150B-36(b). 



12:9 NORTH CAROLINA REGISTER November 3, 1997 861 



CONTESTED CASE DECISIONS 



NOTICE 

The agency making the final decision in this contested case is required to give each party an opporttinity to file exceptions to 
this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 150B- 
36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the 
parties' attorney of record and to the Office of Administrative Hearing s. 

The agency that will make the final decision in this contested case is the North Carolina State Persormel Commission. 

This the SO'^ day of September, 1997. 



I 



Dolores O. Smith 
Administrative Law Judge 



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862 NORTH CAROLINA REGISTER November 3, 1997 12:9 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. TJie other two, subchapters and sections are optional subdivisions to 
be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


AcupuncUire 


1 


2 


Agriculture 


Architecmre 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified I^ublic Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



12:9 



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Novembers, 1997 



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